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NATIONAIi 

LIBRARY 

8FSC0TLANB 


• 


SCS.  6c.  <?3 


'ho^' 


THE  HISTORY 

OF 

THE  CHURCH  OF  SCOTLAND, 

BY 

JOHN    SPOTTISWOOD. 

ARCHBISHOP  OF  ST  ANDREWS. 

IN  THREE  VOLUMES. 
VOLUME    III, 


EDINBUKGH:    M.BCCCL, 


At  a  Meeting  of  the  Committee  of  THE  BANNATYNE 
CLUB,  held  on  Monday,  the  29th  of  March  1847. 

Resolved, 

That  Club  Paper  be  furnished  for  One  Hundred  and  Twelve  Copies  of 
the  Edition  of  ARCHBISHOP  SPOTTISWOOD'S  HISTORY  OF  THE 
CHURCH  OF  SCOTLAND,  in  three  volumes,  octavo,  to  be  Edited  by 

Bishop  Russell  for  the  Spottiswoode  Society. 

■» 

At  a  Meeting  of  the  Committee  of  THE  BANNATYNE 
CLUB,  held  on  Thursday,  the  31st  of  August  1848. 

A  letter  from  the  Secretary  of  the  Spottiswoode  Society  was  read,  ex- 
plaining that  arrangements  were  now  made  with  Messrs  Oliver  &  Boyd  for 
completing  the  republication  of  Akohbishop  Spottiswood's  History,  under 
the  supeiiateudence  of  Mabk  Napiee,  Esq.,  Advocate,  in  the  event  of  the 
Bannatyne  Club  continuing  their  Subscription,  upon  the  same  terms,  as  had 
been  agreed  upon,  when  the  Work  was  originally  undertaken. 

The  CoMmTTEE  directed  the  Secretary  to  express  their  willingness  to 
accede  to  the  proposed  arrangement,  as  their  chief  desire  was  to  have  the 
Work  completed  under  the  charge  of  an  ostensible  Editor,  whose  name  might 
be  a  svifficient  guarantee  for  the  fidelity  of  the  republication. 

Extracted  from  the  Minutes, 

David  Laing,  Secretary. 


HISTORY 


CHURCH  OF  SCOTLAND, 

BEGINNING  THE  YEAR  OF  OUR  LORD  203,  AND  CONTINUED 
TO  THE  END  OF  THE  REIGN  OF  KING  JAMES  VI. 


RIGHT  REV.  JOHN  SPOTTISWOODE, 

ARCHBlSIfOP  OF  ST  ANDRKWS,  AND  LORD  CHANCELLOR 
OF  SCOTLAND. 


BIOGRAPHICAL  SKETCH  AND  NOTES, 


RIGHT  REV.  M.  RUSSELL,  LL.D.,  D.C.L. 


IN    THREE    VOLUMES. 


VOLUME  III. 


EDINBURGH : 

PRINTED  FOR  THE  SPOTTISWOODE  SOCIETY 

M.DCCCLI. 


,0=^^^^^ 


THE 


HISTORY 


CHURCH  OF   SCOTLAND. 


THE  SIXTH  BOOK  CONTINUED. 


>HE  next  year  began  with  a  trouble  in  the 
borders,  which  was  hke  to  have  disturbed  the 
peace  betwixt  the  two  realms,  and  arose  upon 
this  occasion.     The  Lord  Scroope  being  then 
warden  of  the  west  marches  of  England,  and 
the  laird  of  Buccleuch  having  the  charge  of  Liddisdale,  thej 
sent  their  deputies  to  keep  a  day  of  truce  for  redress  of  some 
ordinary  matters.    The  place  of  meeting  was  at  the  Day  holme 
of  Kershop,  where  a  small  brook  divideth  England  from  Scot- 
land, and  Liddisdale  from  Bow  Castle.     There  met  as  dep- 
uty for  the  laird  of  Buccleuch  Robert  Scott  of  Haining ;  and 
for  the  Lord  Scroope,  a  gentleman  witliin  the  west  wardenry, 
called  Mr  Salkeld.     These  two,  after  truce  taken  and  pro- 
claimed, as  the  custom  was,  by  sound  of  trumpet,  met  friend- 
ly, and,  upon  mutual  redress  of  such  wrongs  as  were  then 
complained  of,  parted  in  good  terms,  each  of  them  taking  his 
way  homewards.     Meanwhile  it  happened  one  Wilham  Arm- 
strong, commonly  called  Will  of  Kinmouth,  to  be  in  company 
with  the  Scottish  deputy,  against  whom  the  English  had  a 
quarrel  for  many  wrongs  he  had  committed,  as  he  was  indeed 
a  notorious  thief.     This  man  having  taken  his  leave  of  the 
VOL.  ni.  1 


2  THE  HISTOUY  OF  THE  [a.  D.  1596. 

Scots  deputy,  and  riding  down  the  river  of  Liddle  on  the 
Scottish  side  towards  his  own  house,  was  pursued  by  the 
English  that  espied  him  from  the  other  side  of  the  river,  and 
after  a  chase  of  three  or  four  miles  taken  prisoner,  and 
brought  back  to  the  Enghsh  deputy,  who  carried  him  away 
to  the  castle  of  Carlisle. 

The  laird  of  Buccleuch  complaining  of  the  breach  of  truce 
(which  was  always  taken  fi*om  the  time  of  meeting  unto  the 
next  day  at  sunrising),  wrote  to  Mr  Salkeld,  and  craved  re- 
dress. He  excused  himself  by  the  absence  of  the  Lord 
Scroope.  Whereupon  Buccleuch  sent  to  the  Lord  Scroope, 
and  desired  the  prisoner  might  be  set  at  liberty  without  any 
bond  or  condition,  seeing  he  was  unlawfully  taken.  Scroope 
answered,  "  that  he  could  do  nothing  in  the  matter,  it  having 
so  happened,  without  a  direction  from  the  queen  and  council 
of  England,  considering  the  man  was  such  a  malefactor. 
Buccleuch  loath  to  inform  the  king  of  what  was  done,  lest  it 
might  have  bred  some  misliking  betwixt  the  princes,  dealt 
with  Mr  Bowes,  the  resident  ambassador  of  England,  for  the 
prisoner's  liberty ;  who  wrote  very  seriously  to  the  Lord 
Scroope  in  that  business,  advising  him  to  set  the  man  free, 
and  not  to  bring  the  matter  to  a  farther  hearing.  But  no 
answer  was  returned.  The  matter  thereupon  was  imparted 
to  the  king,  and  the  queen  of  England  solicited  by  letters  to 
give  direction  for  his  liberty ;  yet  nothing  was  obtained. 
Which  Buccleuch  perceiving,  and  apprehending  both  the 
king,  and  himself  as  the  king's  officer,  to  be  touched  in 
honour,  he  resolved  to  work  the  prisoner's  relief  by  the  best 
means  he  could. 

And  upon  intelligence  that  the  castle  of  Carlisle,  wherein 
the  prisoner  was  kept,  was  surprisable,  he  employed  some 
trusty  persons  to  take  a  view  of  the  postern-gate,  and  measure 
the  height  of  the  wall,  which  he  meant  to  scale  by  ladders ; 
and  if  those  failed,  to  break  through  the  wall  with  some  iron 
instruments,  and  force  the  gates.  This  done  so  closely  as  he 
could,  he  drew  together  some  two  hundi*ed  horse,  assigning 
the  place  of  meeting  at  the  tower  of  Morton,  some  ten  miles 
from  CarHsle,  an  hour  before  sunset.  With  this  company 
passing  the  water  of  Esk  about  the  foiling,  two  hours  before 
day  he  crossed  Eden  beneath  CarHsle  bridge  (the  water 
through  the  rain  that  had  fallen  being  well  thick),  and  came  to 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  3 

the  Sacery,  a  plain  under  the  castle.  There  making  a  little 
halt  at  the  side  of  a  small  burn  which  they  call  Cadaye,  he 
caused  eighty  of  the  company  to  light  from  their  horses,  and 
take  the  ladders  and  other  instruments  which  he  had  pre- 
pared with  them.  He  himself  accompanying  them  to  the 
foot  of  the  wall,  caused  the  ladders  to  be  set  to  it ;  which 
proving  too  short,  he  gave  order  to  use  the  other  instruments 
for  opening  the  wall  nigh  the  postern,  and  finding  the  busi- 
ness like  to  succeed,  retired  to  the  rest  whom  he  had  left  on 
horseback,  for  assuring  those  that  entered  upon  the  castle 
against  any  eruption  from  the  town.  With  some  little  labour 
a  breach  was  made  for  single  men  to  enter,  and  they  who 
first  went  in  brake  open  the  postern  for  the  rest.  The 
watchmen  and  some  few  the  noise  awaked  made  a  little  re- 
sistance, but  they  were  quickly  repressed  and  taken  captive. 
After  which  they  passed  to  the  chamber  wherein  the  pri- 
soner was  kept,  and  having  brought  him  forth,  sounded  a 
trumpet,  which  was  a  signal  to  them  without  that  the  enter- 
prise was  performed.  The  Lord  Scroope  and  Mr  Salkeld. 
were  both  within  the  house,  and  to  them  the  prisoner  cried 
a  good  night.  The  captives  taken  in  the  first  encounter 
were  brought  to  Buccleuch,  who  presently  returned  them  to 
their  master,  and  would  not  suffer  any  spoil  or  booting,  as 
they  term  it,  to  be  carried  away :  he  had  straitly  forbidden 
to  break  open  any  door  but  that  where  the  prisoner  was 
kept,  though  he  might  have  made  prey  of  all  the  goods 
within  the  castle,  and  taken  the  warden  himself  captive ;  for 
he  would  have  it  seen  that  he  did  intend  nothing  but  the  re- 
paration of  his  majesty's  honour.  By  the  time  that  the  prisoner 
was  brought  forth,  the  town  had  taken  the  alarm,  the  drums 
were  beating,  the  bells  ringing,  and  a  beacon  put  on  the  top 
of  the  castle  to  give  warning  to  the  country.  Whereupon 
Buccleuch  commanded  those  that  entered  the  castle  and  the 
prisoner  to  horse,  and  marching  again  by  the  Sacery,  made 
to  the  river  at  the  Stony  bank ;  on  the  other  side  whereof 
certain  were  assembled  to  stop  his  passage :  but  he  causing 
sound  the  trumpet  took  the  river,  day  being  then  broken  ; 
and  they  choosing  to  give  him  way,  he  retired  in  order 
through  the  Grahams  of  Esk  (men  at  that  time  of  great 
power  and  his  unfriends),  and  came  back  into  Scottish  ground 
two  hours  after  sunrising,  and  so  homewards. 


4  THE  HISTORY  OF  THE  [a.  D.  1596. 

This  fell  out  the  thirteenth  of  April  1596.  The  queen  of 
England  having  notice  sent  her  of  what  was  done  stormed 
not  a  little.  One  of  her  chief  castles  surprised,  a  prisoner 
taken  forth  of  the  hands  of  the  warden  and  carried  away,  so 
far  within  England,  she  esteemed  a  great  affront.  The 
Kegcr,  Mr  Bowes,  in  a  frequent  convention  kept  at  Edin- 
burgh the  twenty-second  of  May,  did,  as  he  was  charged,  in 
a  long  oration  aggravate  the  heinousness  of  the  fact,  conclud- 
ing that  peace  could  not  longer  continue  betwixt  the  two 
realms,  unless  Buccleuch  were  delivered  in  England  to  be 
punished  at  the  queen's  pleasure.  Buccleuch  compearing, 
and  charged  with  the  fact,  made  answer,  that  he  went  not 
into  England  with  intention  to  assault  any  of  the  queen's 
houses,  or  to  do  wrong  to  any  of  her  subjects,  but  only  to  re- 
lieve a  subject  of  Scotland  unlawfully  taken,  and  more  un- 
lawfully detained ;  that  in  the  time  of  a  general  assurance,  in 
a  day  of  truce,  he  was  taken  prisoner  against  all  order, 
neither  did  he  attempt  his  relief  till  redress  was  refused;  and 
that  he  had  carried  the  business  in  such  a  moderate  fashion, 
as  no  hostility  was  committed,  nor  the  least  wrong  offered  to 
any  within  the  castle.  Yet  was  he  content,  according  to  the 
ancient  treaties  observed  betwixt  the  two  realms,  whenas 
mutual  injuries  were  alleged,  to  be  tried  by  the  commissioners 
that  it  should  please  their  majesties  to  appoint,  and  submit 
himself  to  that  which  they  should  decern.  The  convention 
esteeming  the  answer  reasonable  did  acquaint  the  ambas- 
sador therewith,  and  offered  to  send  commissioners  to  the 
borders  with  all  diligence,  to  treat  with  such  as  the  queen 
should  be  pleased  to  appoint  for  her  part. 

But  she,  not  satisfied  with  the  answer,  refused  to  appoint 
any  commissioners ;  whereupon  the  council  of  England  did 
renew  the  complaint  in  July  thereafter,  and  the  business 
being  of  new  agitated,  it  was  resolved  as  of  before  that  the 
same  should  be  remitted  to  the  trial  of  commissioners ;  the 
king  protesting,  that  albeit  he  might  with  greater  reason 
crave  the  deUvcry  of  the  Lord  Scroope  for  the  injury  com- 
mitted by  his  deputy,  it  being  less  favourable  to  take  a 
prisoner  than  to  relieve  him  that  is  unlawfully  taken,  yet 
for  the  continuing  of  peace  he  would  forbear  to  do  it,  and 
omit  nothing  on  Ids  part  that  could  be  desired  either  in  equity 
or  by  the  laws  of  friendship.     The  borderers  in  the  mean- 


A.   D.  1596.]  CHURCH  OF  SCOTLAND.  5 

time  making  daily  incursions  one  upon  another  filled  all  those 
parts  with  trouble,  the  English  being  continually  put  to  the 
worse  ;  neither  were  they  made  quiet  till,  for  satisfying  the 
queen,  the  laird  of  Buccleuch  was  first  committed  in  St 
Andrews,  and  afterwards  entered  in  England,  where  he  re- 
mained not  long.' 

At  the  same  time,  for  bringing  the  isles  to  obedience. 
Colonel  Stewart  was  employed  to  levy  a  thousand  men, 
every  shire  furnishing  twenty  horsemen  and  thirty  foot,  or 
so  much  money  as  would  sustain  them,  allowing  the  horse- 
men twenty -four  pounds  monthly,  and  the  foot  twelve  pounds, 
besides  the  supply ,  of  the  free  burghs.  These  companies 
were  appointed  to  meet  at  Dumbarton  the  twentieth  of  Au- 
gust, for  attending  the  king  or  his  lieutenant  by  the  space  of 
forty  days,  according  to  the  custom,  and  when  the  day  was 
come  were  commanded  to  follow  the  colonel,  as  designed 
lieutenant  by  the  king.  But  upon  the  bruit  of  this  ex- 
pedition the  principals  of  the  isles  did  all  submit  themselves, 
offering  obedience,  and  to  appear  before  the  king  at  the  time 
his  majesty  should  appoint.  So  that  expedition  ceased,  the 
colonel  going  no  farther  than  Islay,  where  he  remained  a  few 
days,  and  took  assurance  for  their  compearing. 

In  the  March  preceding,  the  Assembly  of  the  Church  con- 
vened at  Edinburgh,  for  consulting  upon  the  dangers  threat- 
ened to  religion  by  the  invasion  of  the  Spaniard,  which  was 
then  generally  noised.  Some  brethren  directed  to  lay  open 
the  perils  to  his  majesty,  returned  with  this  answer,  "  That 
albeit  there  was  no  great  cause  to  fear  any  such  invasion  at 
that  time,  yet  they  should  do  well  to  give  their  advice  as  if 
the  danger  were  at  hand,  which  would  serve  when  necessity 
did  require."  The  Assembly  upon  this  thought  meet  to 
enter  into  consideration  both  of  the  dangers  and  remedies ; 
and  first  to  inquire  upon  the  causes  that  had  provoked  God 
to  threaten  the  realm  with  that  tyrannous  nation,  to  the  end 
the  same  might  be  removed ;  then  to  deliberate  how  by 
ordinary  lawful  means  the  enemy  should  be  resisted.  The 
causes  they  condescended  to  be  the  sins  of  all  estates,  and 
especially  the  sins  of  the  ministry ;  which  they  held  best 
should  be  penned  and  drawn  to  certain  heads,  that  the  cor- 
ruptions being  laid  open,  the  remedies  might  be  the  better 
'  [See  note  to  this  Book — E.] 


6  THE  HISTORY  OF  THE  [a.  D,  1596. 

provided.  For  this  work  some  of  the  brethren  were  named 
and  set  apart,  who,  after  a  day  or  two,  presented  in  writing  a 
number  of  articles  touching  the  corruption  of  ministers,  as 
well  in  their  offices  as  in  their  lives  and  manners  ;  the 
offences  in  the  king's  house,  in  the  court,  and  in  the  judg- 
ment-seats ;  the  defection  and  faults  common  to  all  estates  ; 
and  the  remedies  which  in  their  opinion  were  fit  to  be  used. 
The  Assembly  allowing  their  labours,  and  acknowledging 
their  own  guiltiness  in  that  which  concerned  themselves, 
ordained  a  day  of  humihation  to  be  kept  on  Tuesday  the 
week  following  by  the  ministers  that  were  present,  for  re- 
concihng  themselves  to  God,  and  making  up  a  new  covenant 
with  him  for  the  better  discharge  of  their  duties.  This  is 
the  covenant  that  by  some  is  so  often  objected,  and  said  to  be 
violated  by  those  that  gave  obedience  to  the  canons  of  the 
Church;  albeit  in  it  there  is  not  a  word  or  syllable  that  sounds 
either  to  the  confirming  of  the  Church  government  then  in 
use,  or  to  the  rejecting  of  that  which  since  hath  been  estab- 
lished. But  when  other  arguments  fail  them,  somewhat  must 
be  said  to  entertain  the  conceits  of  the  popular.  By  this  cov- 
enant all  did  bind  themselves  to  abide  in  the  profession  of  the 
truth,  and  to  walk  according  to  the  same,  as  God  should  enable 
them.  But  for  the  rules  of  policy,  or  ceremonies  serving  to 
good  order  or  decency,  let  inspection  be  taken  of  the  register 
which  is  extant,  and  it  shall  clearly  appear,  that  at  the  time 
there  was  not  so  much  as  any  mention  thereof  made. 

But  to  proceed :  the  advice  they  gave  for  resisting  the 
practices  of  the  enemy  was,  "  That  all  who  had  kithed  in 
action  with  the  popish  lords  should  enter  their  persons  in 
ward,  till  assurance  was  given  that  they  should  neither  keep 
intelligence  with  the  rebels,  nor  join  with  them  in  case  they 
did  return  into  the  country,  that  the  rents  and  livings  of 
the  rebels  should  be  uplifted  for  entertainment  of  soldiers, 
and  supporting  other  necessary  affairs,  that,  in  every  parish, 
captains  should  be  chosen  for  the  mustering  and  training  of 
men  in  arms,  and  some  commanders  in  every  shire  appointed 
for  convening  the  county  at  needful  occasions,  lastly,  that  they 
who  were  sureties  for  the  good  behaviour  of  the  rebels  with- 
out the  realm  should  be  called,  and  decerned  to  pay  the  sums 
contained  in  their  bonds." 

This  advice  presented  to  the  king  went  much  against  his 


A.  B.  1596.]  CHURCH  OF  SCOTLAND.  7 

mind ;  for  his  desire  was  to  have  the  banished  lords  reclaimed 
and  brought  to  obedience,  which  he  esteemed  to  be  the 
greatest  assurance  both  of  his  own  peace  and  the  country's 
quiet :  therefore  did  he  only  answer,  "  That  if  it  could  be 
proved  that  the  lords  since  their  departing  from  Scotland 
had  trafficked  with  strangers  to  the  prejudice  of  religion  or 
state,  they  should  be  used  with  all  extremity ;  but  otherwise 
neither  could  their  cautioners  be  convicted,  nor  would  he 
change  the  course  which  he  had  kept  with  their  wives  and 
children."  Not  long  before  this  Assembly  the  king  had 
communicated  his  mind  to  Mr  Robert  Bruce  touching  that 
business,  hoping  that  by  the  sway  he  carried  in  those  meet- 
ings some  such  propositions  as  tended  to  the  reclaiming  of 
the  banished  lords  should  have  been  made  by  the  Assembly  ; 
but  finding  his  expectation  not  answered,  he  brake  to  him  the 
matter  of  new,  and  showed  "  how  greatly  it  concerned  his 
estate  to  have  them  reduced  and  called  home;  that  the 
queen  of  England  was  grown  old,  and  if  any  should  after 
her  death  withstand  his  title,  he  would  have  need  of  his  sub- 
jects' assistance ;  and  that  having  so  many  nobles  exiled,  he 
would  be  less  respected  of  strangers,  and  be  a  great  deal 
weaker  at  home.  If  he  could  therefore  win  them  to  acknow- 
ledge their  offence,  and  to  embrace  the  true  religion  (without 
which  they  should  never  get  any  favour  from  him),  he  be- 
lieved the  course  would  not  be  disallowed  of  wise  men  and 
those  that  loved  him.  Always  he  desired  to  know  his  judg- 
ment, for  as  yet  he  had  not  showed  his  mind  in  that  matter 
to  any  person." 

Mr  Robert,  being  as  then  in  great  favour  and  credit  with 
the  king,  said,  "  that  he  did  think  well  of  his  majesty's  reasons; 
and  that  he  should  not  do  amiss  to  bring  home  Angus  and 
ErroU,  so  as  they  would  conform  themselves  in  rehgion.  But 
that  Huntly  could  not  be  pardoned,  being  so  hated  as  he  was 
of  the  subjects."  The  king  reasoning  to  the  contrary,  "  That 
if  Huntly  should  be  willing  to  satisfy  the  Church  and  fulfil 
the  conditions  which  he  would  require  of  him,  he  saw  no 
reason  why  he  should  not  be  received  as  well  as  the  other 
two ;  and  as  he  could  not  but  know  that  his  care  of  that  man 
was  great,  and  he  liaving  married  his  cousin,  whom  he  ac- 
counted his  own  daughter,  so  was  he  the  man  of  greatest 
power,  and  one  that  could  stand  him  in  most  stead.     There- 


8  THE   HISTORY  OF  THE  [a.  D.  1596. 

fore  desired  Mr  Robert  to  think  of  that  matter,  and  after  a 
day  or  two  give  him  his  advice  in  it."  At  the  next  meeting 
being  inquired  wliat  he  had  thought  of  the  business,  he 
answered  as  before,  saying,  "  That  Huutly's  return  would 
be  ill  interpreted,  and  offend  all  good  men."  The  king  re- 
peating the  former  reasons,  and  adding,  "  That  if  ho  brought 
one  home  he  would  bring  them  all ;"  he  replied,  "  I  see,  sire, 
that  your  resolution  is  to  take  Huntly  in  favour ;  which  if 
you  do,  I  will  oppose,  and  you  shall  choose  whether  you  will 
lose  Huntly  or  me ;  for  us  both  you  cannot  keep,"  This 
saucy  reply  the  king  did  never  forget,  and  it  was  this  which 
lost  him  the  favour  which  formerly  he  carried  with  the  king. 

Shortly  after,  the  exiled  lords  not  finding  that  respect 
given  unto  them  in  foreign  parts  which  they  expected,  took 
a  resolution  to  return,  and  to  use  all  means  for  reconciUng 
themselves  to  the  king  and  chiirch.  And  that  their  return 
might  be  the  more  secret,  they  separated  one  from  another. 
ErroU  taking  his  journey  homewards  through  the  United 
Provinces  was  intercepted,  and  delivered  into  the  hands  of 
Mr  Robert  Danielston,  conservator  of  the  Scottish  privileges, 
to  be  kept  by  him  till  the  king  should  be  advertised.  But, 
whether  by  the  conservator's  knowledge  or  otherwise,  he 
made  an  escape  and  came  into  the  country,  Huntly  came 
some  months  before,  and  lurking  quietly  in  the  north,  sent  a 
supplication  to  his  majesty  and  the  convention  which  met  at 
Falkland  the  twelfth  of  August,  the  effect  whereof  was,  that 
he  might  be  permitted  to  return,  and  remain  within  any  part 
of  the  country  his  majesty  should  appoint,  he  giving  sufficient 
suret}^  for  his  quiet  and  peaceable  behaviour. 

The  king  having  heard  the  supplication,  took  occasion  to 
say,  "  That  one  of  two  courses  was  needful  to  be  followed 
with  him  and  the  rest  that  were  in  his  condition ;  that  is, 
either  utterly  to  exterminate  them,  their  race,  and  posterity, 
or  then,  upon  their  humble  acknowledgment  of  their  offence, 
and  surety  made  for  the  state  of  religion,  to  receive  them  in 
favour ;  for  to  continue  in  the  condition  wherein  they  presently 
were,  could  not  stand  either  with  the  safety  of  religion,  or 
with  his  own  honour  and  estate.  The  first  course,"  said  he, 
"  hath  its  own  difficulties,  and  will  not  be  performed  without 
great  trouble ;  and  for  myself,  so  long  as  there  is  any  hope 
til  at  they  may  be  reduced  to  the  profession  of  the  truth,  I 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  9 

desire  not  their  destruction,  but  like  rather  to  extend  my 
clemency  towards  them  ;  which  I  believe  is  the  mind  of  all 
good  and  peaceable  men.  As  to  the  present  offer  made  by 
Huntly,  I  do  think  it  welP  general,  and  to  no  purpose ; 
therefore  by  your  advice  I  would  have  particular  conditions 
condescended  upon,  such  as  may  serve  for  the  security  of  re- 
ligion, mine  own  honour,  and  the  tranquillity  of  the  country. 
Such  conditions  being  offered,  and  security  found  for  per- 
formance, I  should  then  think  that  license  might  be  granted 
him  to  return,  he  being  confined  in  such  a  part  of  the  country 
as  should  be  thought  most  convenient."  The  convention, 
approving  his  majesty's  judgment,  resolved  upon  this  as  the 
fittest  course,  remitting  the  conditions  to  be  formed  by  his 
highness  and  the  lords  of  council. 

In  another  convention  of  the  Estates  at  Dunfermline,  the 
penult  of  September,  the  same  conclusion  was  ratified,  and 
the  baptism  of  the  princess,  who  was  born  the  nineteenth  of 
August,  appointed  to  be  at  Halyrudhouse  the  twenty-eighth 
of  November  next. 

How  soon  this  their  return  into  the  country  was  known, 
and  that  such  an  act  was  passed  in  their  favours,  the  commis- 
sioners of  the  Church  assembled  at  Edinburgh,  where  falling  to 
consider  the  dangers  threatened  to  religion  by  their  return,  it 
was  thought  necessary  to  acquaint  all  the  presbyteries  with  the 
present  state  of  things ;  particularly  that  the  forfeited  earls 
were  returned  into  the  country  without  his  majesty's  warrant 
and  approbation  ;  that  they  remained  peaceably  in  the  same, 
using  all  means  to  be  restored  to  their  livings,  albeit  they  had 
neither  acknowledged  their  offence  in  that  treasonable  dealing 
with  the  king  of  Spain,  nor  their  defection  and  apostasy  from 
the  truth ;  and  that  they  had  obtained  an  act  of  council  in 
their  favours  at  the  convention  of  Falkland,  which  was  rati- 
fied thereafter  at  Dunfermline,  whereby  they  were  licensed 
to  remain  upon  certain  conditions  to  be  prescribed  unto  them 
by  his  majesty  and  council,  to  the  manifest  hazard  both  of 
Church  and  state,  considering  their  continuance  in  the  same 
disposition  to  work  mischief  as  before.  Of  these  things  they 
were  desired  to  inform  their  flocks  ;  and  both  in  pubHc  doc- 
trine and  private  conference  to  stir  up  the  people  to  appre- 
hend the  danger,  and  to  be  in  readiness  for  resisting  the  same 

'  Very. 


10  THE  HISTORY  OF  THE  [a,  I>.  1596. 

SO  far  as  lavrfully  they  might.     It  was  farther  thought  meet, 
that  a  pubhc  liumihation  should  be  indicted  through  the  whole 
country  the  first  Sunday  of  December,  and  the  cause  thereof 
declared  to  be  the  return  of  the  excommunicated  lords,  and 
dangers  thereby  threatened  to  religion,  which  the  ministers 
should  enlarge  according  to  their  discretions ;    as  also  that 
the  presbyteries  should  call  before  them  their  entertainers, 
resetters,  and  such  as  kept  company  with  them,  and  proceed 
summarily  with  the  censures  of  the  Church,  una  citatione, 
quia  periclitatur  salus  Ecdesice  et  Beipublica;.     Lastly,  they 
concluded  that  a  number  of  commissioners  selected  out  of  all 
the  quarters  of  the  country  should  reside  at  Edinburgh,  and 
convene  every  day  with  some  of  the  presbytery  of  Edin- 
burgh,  to  receive  such  advertisements  as  should  be  sent 
from  other  places,  and  take  counsel  upon  the  most  expe- 
dient in  every  case.     The  brethren  nominated  to  this  pur- 
pose were  Mr  Alexander  Douglas,  Mr  Peter  Blackburn, 
Mr  George  Gladstanes,  and  Mr  James  Nicholson  for  the 
north  parts ;  Mr  James  Melvill,   Mr    Thomas  Buchanan, 
Mr  Alexander  Lindsay,  and  Mr  William  Stirling  for  the 
middle  part  of  the  country ;  Mr  John  Clapperton,  Mr  John 
Knox,  Mr  George  Ramsay,  and  IVIr  James  Carmichael  for 
the  south ;  and  for  the  west  Mr  John  Howson,  Mr  Andrew 
Knox,  John  Porterfield,  and  Mr  Robert  Wilkie.     Their  at- 
tendance was  ordained  to  be  monthly,  and  to  begin  in  No- 
vember ;   at  which  time  Mr  James  Nicholson,  Mr  James 
Melvill,   Mr  Andrew    Knox,   Mr   John  Howson,  and  Mr 
George  Ramsay  were  appointed  to  wait :  Mr  Robert  Bruce, 
Mr  Robert  Pont,  Mr  David  Lindsay,  Mr  James  Balfour, 
Mr  Patrick  Galloway,  and  INIr  Walter  Balcanqucl  observ- 
ing ordinarily  all  the  meetings. 

These  conventions  were  by  a  new  name  called  the  council 
of  the  Church,  and  appointed  to  be  kept  once  every  day  at 
least,  for  taking  advice  in  every  business  that  occurred. 
By  direction  of  this  council  Lord  Alexander  Seaton,  pre- 
sident of  the  session,  was  called  before  the  synod  of  Lothian, 
for  keeping  intelligence  with  the  earl  of  Huntly,  and  by 
them  remitted  back  to  that  council ;  before  whom,  with  many 
attestations,  he  purged  himself  of  any  dealing  with  Huntly, 
or  any  of  the  papist  lords,  and,  upon  promise  not  to  employ 
his  credit  that  way,  was  dimitted. 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  11 

The  king  suspecting  these  beginnings  should  end  in  some 
trouble,  but  not  liking  to  fall  in  contrary  terras  with  the 
Church,  if  by  any  means  the  same  could  be  eschewed,  com- 
manded the  president,  secretary,,  advocate,  and  laird  of 
Colluthie,  to  confer  with  the  most  moderate  of  the  ministry, 
and  use  their  best  means  for  satisfying  them  touching  the 
return  of  the  forfeited  lords.  Mr  David  Lindsay,  Mr 
Patrick  Galloway,  Mr  James  Nicholson,  and  Mr  James 
Melvill  being  sent  for  to  this  conference,  were  desired  to  give 
their  opinions,  "  Whether  or  not,  due  satisfaction  being 
made  to  the  Church  by  these  lords  (for  otherwise  the  king 
did  not  mean  to  show  them  any  favour),  they  might  be 
pardoned  and  restored  to  their  estates."  The  ministers 
answering,  "  They  came  only  to  hear  what  was  proponed, 
and  in  a  matter  of  that  importance  could  say  nothing  unac- 
quainting  their  brethren,"  the  conference  was  delayed  till 
afternoon ;  at  which  time  returning  they  said,  "  That  the 
brethren  were  glad  of  the  respect  carried  by  his  majesty  to 
the  Church,  and  that  his  resolution  was  to  give  no  favour  to 
those  rebels  till  the  Church  was  first  satisfied.  But  in  their 
judgments,  they  having  by  God's  law  deserved  death,  and 
being  by  the  most  sovereign  court  of  the  kingdom  sentenced 
to  have  lost  their  estates,  they  could  not  be  lawfully  pardoned 
nor  restored.  And  if  the  king  and  his  council  would  take 
on  them  to  do  it,  they  had  God  and  the  country  to  answer 
unto  ;  but  for  them  they  would  give  no  assent,  but  protest 
to  the  contrary  that  they  were  free  thereof  before  God  and 
man." 

This  answer  seeming  rather  to  proceed  of  passion  than 
any  good  zeal,  it  was  next  urged,  "  Whether  upon  their 
humble  and  submissive  suit  to  be  reconciled,  the  Church 
could  deny  to  receive  them,  it  being  commonly  held,  that 
the  bosom  of  the  Church  should  ever  be  patent  to  repenting 
sinners."  They  answered,  "  That  the  Church  indeed 
could  not  refuse  their  satisfaction,  if  it  were  truly  offered  ; 
nevertheless  the  king  stood  obliged  to  do  justice."  When 
by  no  reasoning  they  could  be  wrought  from  these  extrem- 
ities, the  conference  brake  off,  and  the  effects  thereof  being 
reported  to  the  king,  he  was  greatly  commoved,  inveighing 
against  the  ministers  at  his  table,  in  council,  and  everywhere. 
The  wiser  sort,  that  foresaw  the  ill  effects  this  rancour 


12  THE  HISTORY  OF  THE  [a.  D.   1596. 

would  breed,  advised  the  ministers  to  send  some  of  their 
number,  to  understand  what  it  was  that  did  so  offend  the 
king,  and  offer  all  satisfaction  on  their  parts  ;  withal  to  lay 
open  their  grievances,  and  in  humble  manner  entreat  a 
redress  of  things  which  they  esteemed  hurtful. 

Herein  the  same  brethren  being  employed,  they  found 
the  king's  answers  more  biting  and  peremptory  than  they 
expected ;  for  being  desired  to  show  what  it  was  that  made 
his  majesty  so  offended  with  the  Church,  and  professing  to 
amend  it  so  far  as  lay  in  them,  he  said,  there  could  be  no 
agreement  so  long  as  the  marches  of  the  two  jurisdictions 
were  not  distinguished ;  that  in  their  preachings  they  did 
censure  the  affairs  of  the  estate  and  council,  convocated 
general  assemblies  without  his  license,  concluded  what  they 
thought  good,  not  once  desiring  his  allowance  and  approba- 
tion, and  in  their  synods,  presbyteries,  and  particular  sessions, 
meddle  with  everything  upon  colour  of  scandal;  besides 
divers  other  disorders,  which  at  another  time  he  would 
propound  and  have  reformed,  otherwise  it  was  vain  to  think 
of  any  agreement,  or  that  the  same  being  made,  could  stand 
and  continue  any  while. 

The  ministers  not  willing  to  dip  in  these  matters,  after 
they  had  in  sober  manner  replied  to  each  of  these  points, 
fell  to  speak  of  their  own  grievances.  As  first,  the  favour 
granted  to  the  popish  lords  in  the  late  conventions  at 
Falkland  and  Dunfermline ;  the  countenance  given  to  the 
Lady  Huntly,  and  her  invitation  to  the  baptism  of  the 
princess  ;  the  putting  of  her  in  the  hands  of  the  Lady  Living- 
stone, an  avowed  and  obstinate  papist ;  and,  which  grieved 
them  more  than  anything  else,  the  alienation  of  his  majesty's 
heart  from  the  ministers,  as  appeared  by  all  his  speeches 
public  and  private.  To  this  last  the  king  did  first  reply, 
saying,  "  That  they  had  given  him  too  just  cause  by  their 
raiUng  against  him,  and  his  proceedings,  in  their  sermons." 
For  the  popish  lords,  he  had  granted  nothing  to  them  but 
what  the  estate  had  found  needful  for  the  peace  and  quiet 
of  the  realm.  As  to  the  Lady  Huntly,  he  esteemed  her  a  good 
discreet  lady,  and  worthy  of  his  countenance  ;  and  that  she 
was  a  papist  they  might  blame  themselves,  who  had  never 
taken  care  to  inform  her  of  the  truth.  Lastly,  for  his 
daughter  the  princess,  he  had  trusted  her  to  the  Lord  Living- 


A.  D.  1596.]  CHURCH  OF  SCOTLAND,  13 

stone,  a  uobleman  known  to  be  of  good  religion,  and  not  to 
his  lady,  who  should  not  be  suffered  to  take  any  care  of  her, 
unless  she  conformed  in  point  of  religion. 

Whilst  things  thus  passed  betwixt  the  king  and  the  Church, 
a  new  occasion  of  trouble  was  presented  by  Mr  David 
Blake,  one  of  the  ministers  of  St  Andrews,  who  had  in  one 
of  his  sermons  cast  forth  divers  speeches  full  of  spite  against 
the  king,  the  queen,  the  lords  of  council  and  session,  and 
amongst  the  rest  had  called  the  queen  of  England  an  atheist, 
a  woman  of  no  rehgion.  This  being  delated  to  the  Enghsh 
ambassador,  he  complained  to  the  king,  and  thereupon 
was  Mr  David  Blake  cited  to  appear  before  the  council 
the  eighteenth  of  November.  Mr  Andrew  Melvill  accom- 
panying him  to  Edinburgh,  did  labour  to  make  this  a  com- 
mon cause,  giving  out  that  the  same  was  done  only  for  a 
preparative  against  the  ministers,  to  bring  their  doctrine 
under  the  censure  and  eontrolment  of  the  king  and  council ; 
and  so  far  he  prevailed  with  the  commissioners  of  the 
Church,  as  they  sent  certain  of  their  number  to  entreat  the 
deserting  of  the  diet,  saying,  "  It  would  be  ill  taken  to  draw 
ministers  in  question  upon  trifling  delations,  whenas  the 
enemies  of  the  truth  were  spared  and  overseen."  The  king, 
some  days  before,  had  published  the  conditions  upon  which 
he  was  to  grant  a  protection  to  Huntly ;  and  asking  these 
commissioners  if  they  had  seen  the  conditions,  said,  "  That 
both  he  and  the  rest  should  either  satisfy  the  Church  in 
every  point,  or  be  pursued  with  all  extremity,  so  as  they 
should  have  no  reason  to  complain  of  the  oversight  of 
papists."  For  Mr  Blake,  he  said  he  did  not  think  much  of 
that  matter,  only  they  should  cause  him  appear  and  take 
some  course  for  pacifying  the  English  ambassador.  "  But 
take  heed,"  said  the  king,  "  that  you  do  not  decline  the 
judicatory  ;  for  if  you  do,  it  will  be  worse  than  anything 
yet  fallen  out." 

\ 

Now  the  conditions  proponed  to  Huntly  were  as  foUoweth  : 
That  he  should  give  sufficient  and  reasonable  caution  of 
inland-men  and  landed  barons,  to  the  number  of  sixteen  at 
least,  who  should  be  acted  in  the  books  of  council  under  the 
pain  of  forty  thousand  pounds  (each  two  of  the  cautioners 
conjunctly  and  severally  for  five  thousand  pounds  of  the  said 


14  THE  HISTORY  OF  THE  [a.  D.  1596. 

sum),  that  he  should  faithfully  observe  and  fulfil  the  whole 
articles  undermentioned,  and  every  one  of  them.  As  first, 
that  betwixt  that  and  the  first  day  of  April  next  to  come,  he 
should  either  satisfy  the  Church  for  his  apostasy,  and  return 
to  the  bosom  thereof  in  uniformity  of  rehgion,  or  before  the 
expiring  of  the  said  time  depart  again  forth  of  the  country, 
and  not  return  without  his  majesty's  hcense, 

2.  Next,  that  during  the  said  space,  he  should  not  receive 
in  his  company  any  Jesuit,  mass-priests,  or  excommunicate 
papists,  nor  have  any  dealing,  communication,  or  intelligence 
with  them,  especially  with  his  uncle  Mr  James  Gordon  ;  nor 
suffer  his  children,  in  case  any  be  brought  forth  in  the  mean 
time,  to  be  baptized  by  another  than  a  minister. 

3.  That  so  long  as  he  remained  in  the  country,  as  likewise 
in  case  of  his  departing  at  the  time  aforesaid,  he  should  not 
traffic  with  any  stranger  or  others  whomsoever  for  alteration 
of  the  true  religion,  or  disquieting  the  state  of  the  country 
in  any  sort. 

4.  That  his  former  cautioners  should  remain  obhged,  in 
case  after  lawful  trial  it  should  be  found  that  since  his  last 
departing  he  had  trafficked  with  strangers  for  subversion  of 
religion  or  the  alteration  of  the  state,  in  the  sums  for  which 
they  were  bound. 

5.  That  he  should  presently  enter  his  person  in  ward 
within  such  a  place  as  his  majesty  should  appoint. 

6.  That,  within  fifteen  days  next,  he  should  enter  his 
eldest  son  and  apparent  heir  as  a  hostage  to  his  majesty  for 
observing  the  articles  before  and  after  mentioned  ;  and  that 
his  said  son  should  abide  in  such  company,  ward,  or  castle, 
as  his  majesty  should  appoint,  where  most  conveniently  he 
might  be  instructed  in  the  true  religion,  and  not  escape  by 
his  father's  knowledge  or  assistance. 

Lastly,  That  he  should  compear  personally  before  the 
council  whensoever  he  should  be  called,  upon  fifteen  days' 
warning,  for  trying  the  contravention  of  any  of  the  articles 
above  expressed ;  providing  the  cause  for  which  he  should 
be  charged  were  expressed  in  the  letters,  and  warrant  given 
him  that  he  should  not  be  challenged  for  any  other  fact  done 
before  his  last  passing  forth  of  Scotland. 

These  articles  the  king  caused  to  be  imprinted,  that  all 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  15 

men  might  see  he  meant  not  to  bestow  any  favour  either 
upon  him  oi*  the  rest,  unless  they  joined  themselves  to  the 
rehgion  publicly  professed.  Yet  this  served  not  to  stop  the 
mouths  of  people,  nor  did  it  remove  the  jealousy  of  the 
preachers,  who  were  daily  complaining  "  That  papists  were 
favoured,  the  ministers  troubled  for  the  free  rebulce  of  sin, 
and  the  sceptre  of  Christ's  kingdom  sought  to  be  overthrown. 
The  process,  they  said,  intended  against  Mr  Blake  was  but 
a  policy  to  divert  the  ministers  from  prosecuting  their  suit 
against  the  popish  earls ;  and  if  he  should  submit  his  doctrine 
to  the  trial  of  the  council,  the  liberties  of  the  Church  and 
spiritual  government  of  the  house  of  God  would  be  quite 
subverted.  In  any  case  therefore  they  concluded  that  a  de- 
clinator should  be  used,  and  protestation  made  against  these 
proceedings."  This  was  held  a  dangerous  course,  and  earnest- 
ly dissuaded  by  some  few  ;  but  they  were  cried  down  by  the 
greater  number,  that  said  "  it  was  the  cause  of  God,  whereunto 
it  concerned  them  to  stand  at  all  hazard."  So  a  declinator 
was  formed  and  given  Mr  Blake  to  present,  bearing  this  in 
substance : 

"  That  howbeit  the  conscience  of  his  innocency  did  uphold 
him  sufficiently  against  the  calumnies  of  whomsoever,  and 
that  he  was  ready  to  defend  the  doctrine  uttered  by  him, 
whether  in  opening  the  words  or  in  application  ;  yet  seeing 
he  was  brought  thither  to  be  judged  by  his  majesty  and 
council  for  his  doctrine,  and  that  his  answering  to  the  pre- 
tended accusation  might  import  a  prejudice  to  the  liberties  of 
the  Church,  and  be  taken  for  an  acknowledgment  of  his 
majesty's  jurisdiction  in  matters  merely  spiritual,  he  was 
constrained  in  all  humility  to  decline  that  judicatory  for  the 
reasons  following  :  First,  Because  the  Lord  Jesus,  of  whom 
he  had  the  grace  of  his  calling,  had  given  him  (albeit  un- 
worthy of  the  honour  to  bear  his  name)  his  word  for  a  rule 
of  his  preaching,  and  that  he  could  not  fall  in  the  reverence 
of  any  civil  law,  but  in  so  far  as  he  should  be  tried  to  have 
passed  his  instructions,  which  trial  belonged  only  to  the 
prophets  and  pastors,  the  spirits  of  the  prophets  being  sub- 
ject to  them  alone ;  for  as  first  it  must  be  declared  whether 
he  had  kept  his  instructions  or  not.  2.  In  regard  the  liberty 
of  the  Chm'ch  and  discipline  presently  exercised  was  con- 
firmed by  divers  acts  of  pai'liament,  and  the  office-bearers 


16  THE  HISTORY  OF  THE  [a    D.   1596. 

thereof  peaceably  possessed  therein,  particularly  in  the  judi- 
catory of  the  word  preached  (as  was  clear  by  divers  late 
examples),  he  ought  to  be  remitted  for  his  preaching  to  the 
ecclesiastic  senate,  as  his  competent  judge  in  the  first  instance. 
For  which  and  for  other  weighty  considerations,  and  namely 
for  eschewing  the  inconveniences  that  might  fall  to  religion 
and  his  majesty's  own  estate,  by  the  appearance  of  distrac- 
tion and  aUenation  of  his  majesty's  mind  from  the  ministry 
and  the  cause  of  God  in  their  hands,  he  for  himself,  and  in 
name  of  the  commissioners  of  the  General  Assembly,  who 
had  subscribed  the  same  declinator,  did  humbly  beseech  his 
majesty  not  to  infringe  the  liberties  of  the  Church,  but  rather 
manifest  his  care  in  maintaining  the  same." 

When  the  diet  came,  and  the  summons  was  read,  being 
desired  to  answer,  he  said,  "  That  albeit  he  might  object 
against  the  citation,  the  same  being  directed  super  inquirendis, 
contrary  to  the  form  prescribed  by  parliament,  and  no  par- 
ticular specified  therein,  yet  he  would  take  him  to  the  usual 
remedy  of  law,  and  desire  to  be  remitted  to  his  own  ordinary." 
It  was  asked  what  ordinary  he  meant  ?  He  answered,  "  The 
presbytery  wh^e  the  doctrine  was  taught."  The  king  then 
replying  that  the  matter  laid  to  his  charge  was  civil,  and 
that  the  generality  of  the  summons  was  restricted  to  the 
particular  letter  produced  by  the  English  ambassador,  he 
said,  "  That  the  speeches  wherewith  he  was  charged  being 
uttered  in  pulpit  must  be  judged  by  the  Church,  in  prima 
instantia."  Again  being  inquired  whether  the  king  might 
not  judge  matters  of  treason,  as  well  as  the  Church  did 
judge  points  of  heresy,  he  said,  "  That  speeches  deUvcred  in 
pulpit,  albeit  alleged  to  be  treasonable,  could  not  be  judged 
by  the  king  till  the  Church  took  first  cognition  thereof ;  but 
that  he  was  not  come  thither  to  solve  questions,  and  so  pre- 
sented the  declinator."  The  king,  notwithstanding  that  he 
was  greatly  offended  (because  the  day  appointed  for  the 
baptism  of  the  princess  was  approachmg),  continued  all 
farther  proceeding  to  the  last  of  November. 

Meanwhile  had  the  commissioners  for  the  Church  sent  a 
copy  of  Mr  Blake's  declinator  with  a  letter  to  all  the  presby- 
teries, requiring  them  for  the  greater  corroboration  of  their 
doings  to  subscribe  the  same,  and  to  commend  the  cause  in 
hand  in  their  private  and  public  prayers  to  God,  using  their 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  17 

best  credit  with  their  flocks,  and  employing  all  their  labours 
for  the  maintenance  thereof.  The  king  being  mightily  in- 
censed with  this  doing,  as  tending  to  a  direct  mutiny,  and 
the  stirring  up  of  the  subjects  to  rebellion,  gave  forth  a  pro- 
clamation, wherein  he  said  : 

"  That  certain  persons  of  the  ministry  abiding  in  the  town 
of  Edinburgh  had  of  long  time  continued  together  devising 
plots  prejudicial  to  his  majesty's  authority,  and,  usurping  a 
power  over  their  brethren,  had  directed  letters  for  subscrib- 
ing a  declinator  formed  and  already  subscribed  by  themselves, 
requiring  them  with  the  return  of  their  subscriptions  to  send 
some  of  their  number  to  assist  their  proceedings,  as  though 
they  were  not  subjects,  and  that  the  king  had  no  power  nor 
authority  over  them,  intending,  as  appeared,  by  convocations 
and  the  like  tumultuous  forms,  to  break  the  peace  and  make 
an  insurrection  in  the  country  ;  whereas  no  care  in  the  mean- 
time was  taken  of  their  flocks,  but  the  same  left  comfortless 
and  destitute  of  the  preaching  of  the  word  ;  all  which  they 
coloured  with  a  general  commission  alleged  to  be  given  by 
the  last  General  Assembly ;  albeit  there  was  no  such  com- 
mission, that  which  they  produced  containing  only  a  power 
to  consult  and  report,  and  not  to  set  down  acts,  or  exercise 
any  jurisdiction  :  and  granting  that  any  such  a  commission 
had  been  given,  the  same  could  not  be  lawful,  as  given  with- 
out the  consent  and  approbation  of  his  majesty's  commis- 
sioners, who  were  present  at  the  time.  Therefore  to  prevent 
the  disorders  and  confusion  which  therethrough  might  arise, 
his  highness,  with  the  advice  of  the  council,  discharged  the 
said  commission  as  unlawful  in  itself,  and  more  unlawfully 
executed  by  the  said  commissioners ;  commanding  the  per- 
sons underwritten,  namely,  Mr  Andrew  Melvill,  Mr  James 
Melvill,  Mr  John  Davidson,  Mr  Nicoll  Dalgleish,  Mr  James 
Nicholson,  Mr  James  Carmichael,  and  John  Clapperton,  to 
depart  home  to  their  several  flocks  within  twenty-four  hours 
after  the  charge,  and  to  attend  upon  the  lawful  discharge  of 
their  caUings,  and  noways  to  return  for  keeping  such  unlaw- 
ful convocations,  either  within  the  said  burgh  or  without, 
under  the  pain  of  rebellion," 

The  commissioners,  upon  information  that  such  a  charge 
was  directed,  fell  to  consult  what  course  they  should  take  ; 
and  first  they  resolved,  "  That  since  they  were  convened  by 

VOL,  III,  2 


18  THE  HISTORY  OF  THE  [a.  D.  1596. 

the  warrant  of  Christ,  in  a  most  needful  and  dangerous  time, 
to  see  unto  the  good  of  the  Church,  Et  ne  quid  Ecclesia  de- 
trimenti  caperet,  they  sliould  obey  God  rather  than  man ; 
and,  notwithstanding  of  any  charge  that  shoidd  be  given, 
continue  together  so  long  as  conveniently  they  might,  and  in 
the  mean  time  send  some  of  the  number  to  the  Octavians 
(this  was  the  title  commonly  given  to  those  eight  councillors 
that  were  trusted  with  all  affairs),  to  advertise  them,  that 
seeing  the  Church  at  their  entry  to  their  places  enjoyed  a 
full  peace  and  liberty,  and  that  now  it  was  cast  into  great 
troubles,' and  the  enemies  of  the  truth  spared  and  overlooked, 
they  could  not  but  think  that  all  this  proceeded  from  their 
counsels ;  and  therefore  whatsoever  the  event  should  be,  the 
Church  would  take  herself  to  them,  and  they  only  sliould  bear 
the  blame."  The  president  answering  in  choler  said,  "  That 
these  controversies  were  begun  without  their  advice,  and  so 
they  should  end ;  that  for  their  good  service  they  had  reaped 
small  thanks,  and  drawn  upon  themselves  much  envy,  and 
therefore  would  have  no  meddling  in  that  business  betwixt  the 
king  and  them,  but  leave  it  to  him  and  his  nobility." 

This  answer  put  them  to  a  second  advice,  and  thinking 
they  were  mistaken,  and  that  these  councillors  were  not  in 
the  fault,  but  that  all  proceeded  from  the  king  himself,  they 
sent  Mr  David  Lindsay,  Mr  Robert  Rollock,  Mr  James 
Nicholson,  and  James  Melvill,  to  declare  unto  his  majesty  the 
great  inconveniences  that  were  like  to  arise  upon  this  hard 
dealing  with  the  Church,  and  humbly  entreat  a  surcease  of 
the  process  intended  against  Mr  David  Blake,  and  that  all 
other  controversies  might  be  left  off  till  some  order  was  taken 
with  the  papists,  and  an  assembly  convocated  for  deciding 
these  questions  to  his  highness's  content.  The  king  answer- 
ed, "  That  it  was  not  his  fault,  and  that  he  was  no  less  dis- 
pleased than  they  were  with  the  controversies  arisen  ;  and 
that  yet  if  they  would  pass  from  the  declinator,  or  declare 
at  least  that  it  was  not  a  general,  but  only  a  particular  de- 
clinator, used  in  the  cause  of  Mr  David  Blake,  as  being  a 
cause  of  slander,  and  pertaining  to  the  judgment  of  the 
Church,  he  should  also  pass  from  the  summons  and  cease  his 
pursuit." 

This  yielding  offer  of  the  king  was  by  the  advice  of  the 
wiser  sort  thought  good  to  be  accepted,  that  there  might  be 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  19 

an  end  of  contention ;  "  for  if,"  said  they,  "  we  go  to  try  our 
strength  with  the  king,  we  shall  be  found  too  weak.  As 
yet  the  court  stands  in  some  awe  of  the  Church,  and  whilst 
they  are  in  this  conceit,  it  shall  be  meet  to  take  the  best 
conditions  we  can  have  ;  for  if  by  our  strictness  matters  go 
to  the  worst,  our  weakness  shall  soon  appear,  and  thereafter 
shall  the  Church  be  no  more  feared  nor  regarded ;  too  great 
stiffness  doth  seldom  succeed  well,  and  it  is  often  seen,  that 
they  who  will  have  all  their  wills,  do  lose  all  in  the  end." 
This  was  the  reasoning  of  the  wise  and  more  moderate  sort. 
Others  flattering  themselves  in  their  preciseness  held,  "  that 
the  only  way  to  prevail  was  to  stand  by  their  grounds  ;  the 
cause  was  God's,  which  he  would  maintain ;  that  worldly 
powers  were  not  to  be  feared ;  and  that  God  had  in  his  hand 
the  hearts  of  princes  to  turn  them  whither  he  pleased,  where- 
of in  the  present  business  they  had  seen  a  proof."  The  debate 
held  long,  and,  in  end,  by  most  voices  it  was  concluded  that 
they  should  stand  to  the  declinator,  unless  the  king  would 
pass  from  the  summons,  and,  remitting  the  pursuit  to  the  ec- 
clesiastical judge,  make  an  act  of  council,  that  no  minister 
should  be  charged  for  his  preaching,  at  least  before  the 
meeting  of  the  General  Assembly.  The  king,  perceiving  his 
offer  neglected,  Avas  in  great  wrath,  and  told  them  who  were 
sent  unto  him,  that  he  would  hearken  to  no  agreement  unless 
they  should  pass  simply  from  the  declinator,  and  cause  Mr 
Blake  compear,  and  acknowledge  the  judicatory.  Which 
being  refused,  the  proclamation  was  published,  the  commis- 
sioners charged  to  depart  forth  of  the  town,  and  Mr  Blake 
by  a  new  summons  cited  to  the  last  of  November. 

The  next  day  being  Sunday,  and  the  day  of  the  princess's 
christening,  the  same  was  kept  in  the  palace  of  Halyrudhouse 
with  great  joy  and  feasting.  The  English  ambassador  did 
name  the  Princess  Elizabeth  after  the  queen  his  mistress,  the 
town  of  Edinburgh  by  the  magistrates  assisting  as  witnesses, 
such  honour  did  the  king  unto  them.  But  all  that  day  in 
the  town  churches  were  bitter  invectives  made  against  the 
two  proclamations  ;  for  besides  the  charge  given  the  commis- 
sioners to  leave  the  town,  by  another  proclamation  the  barons, 
gentlemen,  and  all  other  subjects  were  discharged  to  convene 
with  the  ministry,  either  in  presbyteries  or  synods,  or  any 
other  ecclesiastical  meetings,  under  whatsoever  colour  or  pre- 


20  THE  HISTORY  OF  THE  [a.  D.  1596. 

tence,  without  his  majesty's  license.  These  things  were 
mightily  aggravated  by  the  preachers,  and  the  people  ex- 
ceedingly stirred;  at  which  the  king  more  and  more  offending, 
he  resolved  to  keep  the  diet  assigned  for  Mr  Blake's  appear- 
ing in  the  council-house  of  Edinburgh,  accompanied  with  his 
nobles  that  were  present  at  the  baptism. 

The  commissioners  advertised  of  this  (for  all  that  time 
some  gentlemen  of  the  chamber,  in  hatred  of  the  Octavians, 
gave  intelhgence  of  every  thing  that  was  intended),  did  form 
a  petition  to  be  presented  to  his  majesty  and  the  noblemen, 
consisting  of  three  heads.  '•  First,  they  entreated  the  king, 
that  seeing  the  decision  of  such  thorny  and  intricate  questions 
as  were  moved  at  that  time  to  the  trouble  of  the  Church 
could  work  no  good,  and  was  subtilcly  urged  only  to  engender 
a  dissension  between  hismajest}^  and  the  ministers,  he  would 
be  pleased  to  remit  the  determination  thereof  to  a  lawful  as- 
sembly, and  not  to  encroach  upon  the  limits  of  Christ's 
kingdom  upon  any  pretence,  bending  his  actions,  according 
to  the  present  necessity,  against  the  common  enemies  of  re- 
ligion and  state.  Next,  they  exhorted  the  noblemen  to  give 
his  majesty  a  free  and  faithful  counsel  in  that  business ;  and 
as  to  the  honom*  of  God  and  their  own  just  praise,  they  had 
kept  themselves  free  both  in  counsel  and  action  from  work- 
ing any  prejudice  to  the  liberty  of  the  gospel,  so  they  would 
not  suffer  themselves  to  be  drawn  at  that  time  under  the 
guiltiness  of  so  great  a  sin  by  the  craft  of  those  who  w^ere 
subtilcly  seeking  the  thraldom  of  the  gospel,  and  thought  to 
make  their  honours  the  executors  of  their  malicious  devices. 
And,  thirdly,  that  by  their  credit  they  would  procure  a 
continuation  of  all  controversies  unto  a  free  and  lawful  as- 
sembly, where  the  same  might  be  gravely  reasoned  and 
concluded."  This  petition  was  given  to  Mr  David  Lindsay, 
Mr  Robert  Bruce,  and  Mr  Robert  Rollock,  to  be  presented ; 
and  if  the  same  was  refused,  they  were  enjoined  to  protest 
against  the  proceeding  of  the  council. 

The  king  receiving  the  petition,  after  he  had  overviewed 
it,  did  reject  the  same  as  not  worthy  of  answer,  commanding 
to  call  Mr  Blake,  and  read  the  summons.  Therein  he  was 
charged.  First,  to  have  aflSrraed  in  pulpit  that  the  popish 
lords  were  returned  into  the  country  with  his  majesty's 
knowledge,  and  upon   his  assurance,  and    said  that  in   so 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  21 

doing  he  had  "  detected  the  treachery  of  his  heart."    Secondly, 
that  he  had  called  all  kings  "  the  devil's  bairns,"  adding  that 
"  the  devil  was  in  the  court  and  in  the  guiders  of  it."    Thirdly, 
that  in  his  prayer  for  the  queen  he  had  used  these  words, 
*'  We  must  pray  for  her  for  the  fashion,  but  we  have  no  cause, 
she  will  never  do  us  good."     Fourthly,  that  he  had  called 
the  queen  of  England  an  atheist.     Fifthly,  that   he  had 
discussed  a  suspension  granted  by  the  lords  of  session  in 
pulpit,  and  called  them  miscreants  and  bribers.    Sixthly,  that, 
speaking  of  the  nobility,  he  said  they  were    "  degenerated, 
godless,  dissemblers,  and  enemies  to  the  Church."     Likewise 
speaking  of  the  council,  that  he  had  called  them  "  holiglasses, 
cormorants,  and  men  of  no  religion."     Lastly,  that  he  had 
convocated  divers  noblemen,  barons,  and  others  within  St 
Andrews  in  the  month  of  June  1594,  caused  them  take  arms, 
and  divide  themselves  in  troops  of  horse  and  foot,  and  had 
thereby  usurped  the  power  of  the  king  and  civil  magistrate. 
After  reading  of  the  summons  Mr  Robert  Pont  pro- 
tested, that  the  process  in  hand  and  whatsoever  followed 
thereof  should  not  prejudge  the  liberty  of  the  Church  in 
matters  of  doctrine.     The  king  answered,    "  That  he  was 
not  to  meddle  with  any  matter  of  doctrine,  but  to  censure 
the  treasonable  speeches  of  a  minister  in  sermon,  which  he 
and  his  council  would  judge,  except  by  clear  scripture  it 
should  be  proved  that  ministers  were  not  subject  in  these 
cases  to  his  judicatory."     Thereafter  Mr  Blake  being  com- 
manded to  answer,  said,  that  all  these  accusations  were  false, 
and  untrue  calumnies,  producing  two  testimonials,  one  of  the 
provost,  baiUes  and  council  of  St  Andrews,  the  other  of  the 
rector,  dean  of  faculty,  professors,  and  regents  of  the  uni- 
versity, which  he  alleged  should  be  preferred  to  any  report 
whatsoever.     Next  he  said  that,  for  the  first  six  points,  the 
lords  of  coimcil  were  not  competent  judges,  the  speeches 
alleged  being  uttered  in  pulpit,  but  the  same  ought  to  be 
censured  by  the   presbytery   where   the   sermon   was   de- 
livered.   And  then  repeating  his  former  declinator,  presented 
a  new  one,  in  substance  the  same  with  the  first.      For  the 
last  point  he  made  offer  to  submit  himself  to  the  trial  of  the 
king  and  council.     Being  removed,  and  the  decUnator  put  to 
voices,  it  was  found,    "  That  the  crimes  and  accusations  con- 
tained in  the  summons  were  seditious  and  treasonable ;   and 


22  THE  HISTORY  OF  THE  [a.  D.  159G. 

that  his  majesty,  his  council,  and  other  judges  substitute  by 
his  authority,  were  competent  judges  in  all  matters  cither 
criminal  or  civil,  as  well  to  ministers  as  to  other  subjects." 
This  pronounced,  the  witnesses  were  called  and  admitted, 
but  their  examination  was  delayed  to  the  next  day. 

After  the  council  dissolved,  the  prior  of  Blantyre,  treasurer, 
and  Alexander  Home,  provost  of  Edinburgh,  were  sent  from 
the  king  to  show  the  ministers,  that  notwithstanding  of  that 
his  proceeding  against  Mr  Blake,  he  did  not  mean  to  use  him 
with  rigour,  but  if  they  should  move  him  to  come  and  resolve 
his  majesty  touching  the  truth  of  the  points  libelled,  he  would 
rest  upon  his  own  declaration,  and  send  him  back  to  his 
charge ;  so  careful  was  the  king  of  peace,  and  so  desirous 
to  be  in  good  terms  with  the  Church.  Night  was  then 
fallen,  and  the  commissioners  gone  to  their  lodgings  ;  yet 
finding  Mr  Robert  Bruce,  Mr  Robert  Rollock,  Mr  James 
Nicholson,  and  Mr  James  Melvill  together,  they  declared  what 
they  had  in  commission  to  declare  to  the  whole  number. 
Mr  Robert  Bruce  answering  in  the  name  of  the  rest,  said, 
"  That  if  the  matter  did  touch  Mr  Blake  alone  the  offer 
might  be  accepted,  but  the  liberty  of  Christ's  kingdom  had 
received  such  a  wound,  by  the  proclamations  published  the 
Saturday  preceding,  and  that  day  by  the  usurpation  of  the 
spiritual  judicatory,  as  if  Mr  Blake's  life  and  the  lives  of 
twenty  others  had  been  taken  it  would  not  have  grieved  the 
hearts  of  good  brethren  so  much  as  these  injurious  proceed- 
ings had  done ;  and  that  either  these  things  behoved  to 
be  retreated,  or  they  would  oppose  so  long  as  they  had 
breath." 

This  answer  reported,  the  king  the  next  morning  calling 
some  two  or  three  of  the  ministers  unto  him,  did  confer  with 
them  a  long  space,  showing  that  he  was  so  far  from  impair- 
ing the  spiritual  jurisdiction  or  abridging  any  of  the  Church 
liberties,  as  he  would  not  only  maintain  them  in  what  they  en- 
joyed, but  would  enlarge  and  amplify  the  same,  when  he  saw 
it  to  be  for  their  good ;  "  but  this  licentious  discoursing,"  said 
he,  "of  affairs  of  state  in  pulpit  cannot  be  tolerated.  My  claim 
is  only  to  judge  in  matters  of  sedition  and  other  civil  and 
criminal  causes,  and  of  speeches  that  may  import  such  crimes, 
wheresoever  they  be  uttered  ;  for  that  the  pulpit  should  be 
a  place  privileged,  and,  under  colour  of  docti-inc,   people 


A.  D.  1596.]  CHURCH  of  Scotland.  23 

stirred  to  sedition,  no  good  man  I  think  will  allow.      If 
treason  and  sedition  be  crimes  punishable  when  they  are 
committed,  much  more  if  they  be  committed  in  the  pulpit, 
where  the  word  of  truth  should  only  be  taught  and  heard." 
One  of  the  ministers  answering,  that  they  did  not  plead  for 
the  privilege  of  the  place,  but  for  the  respect  that  was  due 
to  the  message  and  commission  they  carried,  which  having 
received  of  God,  the  same  ought  not  to  be  controlled  in  any 
civil  judicature.     "  Would  you  keep  you  to  your  message 
(said  the  king),  there  would  be  no  strife  ;    but  I  trust  your 
message  is  not  to  rule  estates,  and,  when  courses  dislike  you, 
to  stir  the  people  to  sedition,  and  make  your  king  and  those 
that  rule  under  him  odious  by  your  railings  and  outcries." 
"  If  any  do  so,"  said  the  minister,  "  and  be  tried  to  have  passed 
the  bounds,  it  is  reason  he  be  punished  with  all  extremity ; 
but  this  must  be  cognosced  by  the  Church."     "  And  shall 
not  I  (said  the  king)   have   power   to   call   and   punish  a 
minister  that  breaketh  out  in  treasonable  speeches,  but  must 
come  to  your  presbytery  and  be  a  complainer?      I  have 
good  proof  in  the   process    with   Gibson  and    Ross,   what 
justice  you  will  do  me:  and  were  it  in  a  doubtful  and  am- 
biguous case,  where  by  any  colour  the  speeches  might  be 
justified,  it  were  some  way  favourable  to  say  that  the  minister 
should  be  called  and  convict  by  his  brethren ;  but  as  in  the 
present  action  with  Mr  Blake,  who  hath  said,  *  The  treachery 
of  the  king's  heart  is  discovered ;  all  kings  are  the  devil's 
bairns,  &c.,'  who  sees  not  that  the  man  hath  passed  his 
bounds,  and  not  kept  him  to  his  message  ?     I  am  not  ignor- 
ant what  agitations  France  of  late,  and  England  in  former 
times,  hath  suffered  by  the  violence  of  such  spirits,  and  I  have 
been  in  my  time  reasonably  exercised  with  them,  and  ye 
must  not  think  that  I  will  tolerate  such  licentiousness.     As 
for  any  lawful  power  or  liberty  ye  or  your  assemblies  have 
granted  either  by  the  word  of  God  or  by  the  laws  of  the 
kingdom,  I  mean  not  to  diminish  the  same ;  and  if  ye  think 
meet,  I  will  publish  so  much  by  a  declaration  for  satisfying 
you  and  all  other  my  subjects," 

With  this  the  ministers  were  dimitted,  who  having  related 
the  conference  they  had  with  his  majesty  to  the  rest  of  their 
brethren,  it  was  agreed,  in  regard  of  the  many  inconveniences 
which  might  ensue  upon  these  distractions  betwixt  his  majesty 


24  THE  HISTORY  OF  THE  [a.  D.  1596. 

and  the  Church,  that  if  they  could  obtain  a  declaration  in 
council  that  by  the  acts  and  proclamations  published  his 
majesty  did  not  intend  to  discharge  any  church-assembly,  nor 
to  annul  any  conclusion  thereof,  but  that  the  same  should 
stand  in  force  as  they  had  been  in  use  by  the  warrant  of  the 
word  and  approbation  of  his  highness's  laws,  and  that  the 
discharse  of  barons  and  gentlemen  to  convene  with  the  min- 
isters  was  not  extended  to  any  ecclesiastical  conventions,  but 
only  meant  of  their  convening  in  arras,  matters  should  be 
passed  over  for  the  present ;  the  interlocutor  in  Mr  Blake's 
business  not  being  used  against  him  nor  any  other  minister, 
until  a  lawful  General  Assembly,  wherein  the  question  con- 
cerning the  limits  of  the  civil  and  the  spiritual  jurisdiction 
might  be  reasoned  and  defined. 

This  being  proponed,  the  king  assented  to  the  declaration 
craved,  offering  fi\rther  to  delete  the  acts  whereupon  the 
proclamations  were  founded.  And  for  Mr  Blake,  he  was 
content  that  he  should  be  brought  to  his  presence,  and  de- 
claring upon  his  conscience  the  truth  of  the  points  libelled, 
in  the  hearing  of  Mr  David  Lindsay,  Mr  James  Nicholson, 
and  INIr  Thomas  Buchanan,  they  three  should  have  power 
to  determine  what  they  thought  meet.  The  business  was 
now  thought  to  be  at  an  end,  but  in  the  afternoon,  by  the 
suggestion,  as  it  was  supposed,  of  the  president,  the  king- 
would  have  jNIr  Blake  to  come  before  the  council,  and  ac- 
knowledge his  offence  to  the  queen ;  which  done  he  should 
be  pardoned  of  all.  This  Mr  Blake  refused,  saying,  "  he 
would  neither  condemn  himself,  nor  approve  the  proceedings 
of  the  council,  who,  having  taken  upon  them  to  judge  of  liis 
sermons,  had  admitted  a  sort  of  ignorant  and  p.artially  affected 
people  to  be  witnesses  against  him,  rejecting  the  testimonies 
of  the  town  and  university."  When  by  no  persuasion  he 
could  be  moved  unto  it,  the  king  went  to  council,  and  the 
same  day,  it  being  the  second  of  December,  caused  read  the 
deposition  of  the  witnesses,  who  did  clearly  testify  that  all 
the  speeches  libelled  were  uttered  by  Mr  Blake  in  pulpit. 
Thereupon  sentence  was  given,  that  he  had  falsely  slandered 
and  treasonably  calumniated  the  king's  majesty,  his  bed-fel- 
low the  queen,  his  neighbour  princess  the  queen  of  England, 
the  lords  of  his  highness's  council  and  session,  and  therefore 
(his  punishment  being  remitted  to  the  king)  it  was  ordained. 


A.  T).  159C.]  CHURCH  OF  SCOTLAND.  25 

that  till  his  majesty's  pleasure  should  be  declared,  he  should 
be  confined  beyond  the  north  water,  and  enter  to  his  ward 
within  six  days. 

Notwithstanding  of  this  sentence  the  day  following  a  new 
treaty  began,  which  continued  some  ten  days,  and  was  like 
to  have  produced  an  agreement ;  for  the  king  was  content, 
as  before,  to  delete  the  acts  of  council  at  which  the  ministers 
took  offence,  by  writing  on  the  margin  of  the  book  accord- 
ing to  the  custom  of  deleting  acts,  "  This  matter  is  agreed,  and 
the  act  delete."  He  was  hkewise  pleased  to  amend  the  nar- 
rative of  the  proclamation,  turning  that  upon  the  papists  and 
enemies  of  religion  that  was  said  of  ministers ;  and  for  Mr 
Blake's  business,  was  content  that  the  interlocutor  pronounced 
should  not  be  made  a  preparative  against  any  other  minister, 
and  that  none  should  be  called  upon  their  preaching  before 
the  council,  till  it  was  found  in  a  lawful  Assembly  that  the 
king  might  judge  of  those  that  passed  their  bounds  in  doc- 
trine ;  providing  he  might  in  the  mean  time  be  assured  of  the 
good  behaviour  of  the  ministers,  and  that  they  should  not 
speak  unreverently  of  him  or  of  his  council,  which  assurance 
he  would  have  in  writing.  Some  punishment  also  he  would 
have  afflicted  on  Mr  Blake,  as  either  to  transport  him  from 
St  Andrews  to  another  congregation,  or  suspend  him  for  a 
time  from  his  charge :  punishments  not  very  rigorous,  nor 
answerable  to  the  quality  of  the  offence. 

The  commissioners  being  herewith  advised,  liked  well  of  all, 
the  last  excepted.  "  A  punishment,"  they  said,  "  could  not 
be  inflicted  where  no  cognition  had  proceeded :  for  as  to  the 
trial  taken,  neither  was  it  done  by  the  proper  judge,  nor  was 
that  equity  observed  which  ought  to  have  been ;  witnesses 
that  were  under  the  censures  of  the  Church,  and  ill-affected 
to  Mr  Blake,  being  admitted  to  depone  against  him."  This 
reported  to  the  king,  he  made  offer  to  name  twenty  persons 
against  whom  no  exception  could  be  alleged,  and  to  give  Mr 
Blake  his  choice  of  seven  or  eight  of  that  number,  who  should 
be  of  new  examined  touching  the  verity  of  the  speeches 
whereof  he  was  accused :  if  they  upon  their  consciences 
did  absolve  him,  he  should  rest  satisfied ;  if  otherwise,  he 
would  crave  him  to  be  deposed.  But  this  came  to  no  effect, 
nor  could  any  overture,  albeit  divers  were  proponed,  serve 
to  work  an  accord,   so  as  the  communing  brake  off,  and 


26  THE  HISTORY  OF  THE  [a.  D.  1596. 

greater  displeasures  arose  on  both  hands  than  before.  For 
the  commissioners  having  directed  two  of  the  brethren  to 
show  the  king,  "  That  since  they  could  obtain  no  redress  for 
the  wrongs  done  unto  Christ's  kmgdom,  and  saw  nothing 
but  that  the  enemies  of  the  truth  were  favoured,  and  the 
faithful  pastors  of  the  Church  reviled  and  pursued,  they 
could  not  abstain  from  opposing  these  proceedings  with  the 
spiritual  armour  given  them  by  God  ;"  and  did  therefore  in- 
dict a  fast  to  be  kept  the  Sunday  following,  being  the  twelfth 
day  of  December,  with  solemn  prayers  for  averting  the  judg- 
ments which  the  present  courses  did  threaten. 

The  king,  on  the  other  side,  made  his  displeasure  and  the 
scorn  he  took  of  these  proceedings  known  by  a  declaration 
pubhshed  on  the  fifteenth  day,  wherein  he  showed,  "  That 
out  of  a  desire  he  had  to  keep  peace  with  the  ministers  he 
did  condescend  to  abstain  from  troubling  them  in  any  case 
bygone,  until  by  a  convention  of  the  Estates,  and  a  General 
Assembly  of  the  ministry,  the  difference  between  the  civil 
and  ecclesiastical  judgments  might  be  removed ;  providing 
they  should  promise  not  to  disgrace  him  and  his  proceedings 
in  their  sermons,  which  he  was  in  hope  to  obtain  by  sundry 
conferences  and  meetings  that  he  had  kept  with  some  of  them, 
till  at  last  publicly  they  had  opposed  themselves  in  pulpit  by 
approving  the  doings  of  Mr  David  Blake,  accusing  himself 
of  persecution,  and  falsely  suggesting  to  the  people  that  all 
church  assemblies  were  discharged ;  whereas  his  resolution 
was  and  is  to  maintain  religion  and  the  Church  discipline  es- 
tablished by  law,  and  to  suffer  nothing  to  be  done  in  prejudice 
thereof  by  whomsoever.  Which  his  highness  thought  good 
to  make  known  to  all  his  subjects,  ordaining  all  ministers 
to  subscribe  their  obedience  to  his  majesty,  and  set  their 
hands  to  the  bonds  which  should  be  presented  to  them  for 
that  effect,  under  the  pain  of  sequestering  their  rents  and 
stipends,  aye  and  while  they  gave  the  obedience  required." 
The  same  day  was  Mr  Blake  charged  to  go  unto  his  ward, 
and  the  commissioners  of  new  commanded  to  remove  them- 
selves forth  of  the  town. 

How  soon  they  were  gone,  the  secretary  Mr  John  Lindsay, 
thinking  the  ministers  of  Edinburgh  would  be  more  tractable 
being  left  to  themselves,  did  move  the  king  to  send  for  them, 
and  make  a  fresh  proposition  for  settling  these  divisions. 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  27 

But  they  refusing  to  enter  in  any  communing,  except  the 
commissioners  were  recalled  by  as  public  a  proclamation  as 
that  whereby  they  were  discharged,  hope  was  given  that 
the  next  day  the  same  should  be  done,  and  all  questions  laid 
over  unto  their  return ;  which  some  of  the  king's  chamber 
having  understood,  and  fearing  if  matters  were  once  accorded 
the  Octavians  (against  whom  they  were  chiefly  set)  should 
continue  in  their  employment,  among  other  reports  they  in- 
formed the  king  that  a  nightly  watch  was  kept  in  Edinburgh 
about  the  ministers'  houses  for  fear  of  some  violence  to  be 
offered  unto  them,  which  laid  a  heavy  imputation  upon  his 
majesty,  and  that  the  ministers  would  never  be  quiet  till 
these  factious  people  were  put  forth  of  the  town.  The  ad- 
vice, as  truly  meant,  was  hearkened  unto,  and  direction  given 
to  some  twenty-four  of  the  burgesses  that  were  best  affected 
to  the  ministers  to  depart  the  town  within  the  space  of  six 
hours.  This  they  knew  woidd  be  ill  taken  by  the  ministers ; 
and,  to  put  them  in  a  greater  fear,  they  did  advertise  them 
by  a  counterfeit  letter  to  look  unto  themselves,  because 
Huntly  had  been  with  the  king  that  night  late,  and  caused 
that  charge  to  be  given.  This  letter  sent  to  Mr  Robert 
Bruce  was  by  him  communicated  to  Mr  Walter  Balcanquel, 
whose  course  it  was  to  preach  that  morning ;  and  they  both, 
apprehending  the  information  to  be  true,  did  think  it  the 
safest  way  for  themselves  to  make  the  people  advertised  of 
the  danger.  So  when  the  hour  of  sermon  came,  the  preacher 
reading  his  text  out  of  the  book  of  Canticles,  which  was  his 
ordinary  at  the  time,  and  taking  occasion  to  speak  of  the 
present  troubles  of  the  Church,  he  made  a  particular  relation 
of  the  proceedings  and  treacherous  forms  (so  he  called  them) 
wherewith  they  were  used  by  the  court,  laying  the  whole 
blame  upon  the  president,  controller,  and  advocate,  whom  he 
particularly  named,  and  used  with  most  reproachful  terms. 
Then  turning  to  the  noblemen  and  barons,  he  put  them  in 
mind  of  the  zeal  which  their  predecessors  had  showed  in 
planting  religion,  and  exhorted  them  with  the  like  courage 
and  constancy  to  maintain  the  same.  Having  closed  the 
sermon  with  a  prayer,  as  use  is,  he  requested  the  noblemen 
and  barons  to  meet  in  the  Little  Church  for  assisting  the  min- 
istry with  their  best  advice. 


28  THE  HISTORY  OF  THE  [a.  D.  1596. 

There  assembled  in  the  place  many  people  besides  those 
that  were  desired,  and  so  great  was  the  throng  as  the  minis- 
ters  could  hardly  find  entrance.  Mr  Robert  Bruce  at  last 
having  made  way  unto  himself,  went  to  the  table  where  the 
noblemen  and  barons  were  placed,  and  after  a  short  prayer 
declared  in  what  danger  the  Church  was  brought  by  the  re- 
turn of  the  popish  lords ;  how  they  had  regrated  the  case 
to  the  king,  and  when  they  expected  that  order  should  have 
been  taken  therewith,  a  new  business  was  moved,  and  one 
of  their  brethren  called  in  question  for  his  preaching,  about 
which  they  had  been  in  a  long  conference,  but  could  come  to 
no  end ;  and  that  now  at  last  the  best  affected  of  their  people 
were  charged  to  leave  the  town,  whereby  they  were  brought 
to  suspect  some  worse  practices.  They  did  therefore  request 
them  humbly  to  intercede  and  entreat  his  majesty  that  they 
might  be  permitted  to  serve  God  in  their  callings  without 
molestation.  The  desire  seeming  reasonable,  the  Lords 
Lindsay  and  Forbes,  with  the  lairds  of  Bargenny  and 
Buchan,  Mr  Robert  Bruce,  and  Mr  William  Watson  were 
chosen  to  prefer  the  petition. 

By  some  occasion  the  king  was  that  day  come  to  the  ses- 
sion, and  being  in  the  upper  house,  the  lords  with  these 
others  were  admitted  ;  where  Mr  Robert  Bruce  taking  the 
speech  said,  "  That  they  were  sent  by  the  noblemen  and 
barons  convened  in  the  Little  Church,  to  bemoan  the  dangers 
threatened  to  religion  by  the  dealing  that  was  against  the 
ministers  and  true  professors."  "  What  dangers  see  you?" 
said  the  king.  "  Under  communing,"  said  he ;  "  our  best  af- 
fected people,  that  tender  religion,  are  charged  off  the  town  ; 
the  Lady  Huutly,  a  professed  papist,  entertained  at  court, 
and  it  is  suspected  that  her  husband  is  not  far  off."  The 
king  leaving  that  purpose,  asked  "  who  they  were  that  durst 
convene  against  his  proclamations?"  The  Lord  Lindsay  in 
passion  replied,  "  That  they  durst  do  more  than  so,  and  that 
they  would  not  suffer  religion  to  be  overthrown."  Numbers 
of  people  were  at  this  time  thronging  unmannerly  into  the 
room ;  whereupon  the  king  not  making  any  answer  arose, 
and  went  down  to  the  lower  house  where  the  judges  do  sit, 
commanding  the  doors  to  be  shut.  They  that  were  sent  re- 
turning to  the  church  show  that  they  were  not  heard,  nor 
was  there  any  hope,  so  long  as  the  counsellors  remained 


A.  D.   1596.]  CHURCH  OF  SCOTLAND.  29 

about  the  king,  that   they  should  receive  any  favourable 
answer,  and  were  therefore  to  think  of  some  other  course. 

"  No  course,"  said  the  Lord  Lindsay,  "  but  one;  let  us  stay 
together  that  are  here,  and  promise  to  take  one  part,  and 
advertise  our  friends  and  the  favourers  of  rehgion  to  come 
unto  us  ;  so  it  shall  be  either  theirs  or  ours."  Upon  these 
speeches  followed  such  a  clamour  and  lifting  up  of  hands,  as 
none  could  hear  Avhat  another  spake.  The  sedition  increas- 
ing, some  cried  to  arm,  others  to  bring  out  Haman  (for 
whilst  the  lords  were  with  the  king,  Mr  Michael  Cranston, 
minister  of  Cramond,  had  been  reading  to  the  people  that 
story) ;  others  cried,  "  The  sword  of  the  Lord  and  of  Gideon :" 
and  so  great  was  the  fury  of  the  people,  as  if  one  of  the 
deacons  of  crafts,  called  John  Watt,  had  not  kept  them  back 
with  a  guard  of  craftsmen  that  followed  him,  they  had  un- 
doubtedly forced  the  doors,  and  wrought  some  mischief. 
Sir  Alexander  Home,  provost  of  the  town,  was  then  lying 
sick ;  yet  being  told  what  a  tumult  was  raised,  he  came  to 
the  street,  and,  as  he  was  wise  and  skilful  in  the  handling  of 
people,  with  his  fair  speeches  brought  them  after  a  little  time 
to  lay  down  their  weapons  and  retire  to  their  lodgings. 

The  commotion  thus  raised,  the  king  directed  the  earl  of 
Mar,  the  Lord  Pittenweem,  and  the  laird  of  Traquair  to 
confer  with  the  ministers,  and  ask  the  cause  of  the  tumult. 
They  were  then  walking  at  the  back  of  the  church  (for  the 
tumult  had  scattered  the  meeting) ;  and  professing  a  great 
dislike  of  that  which  had  happened,  besought  the  noblemen 
to  show  the  king  that  they  were  not  in  fault,  and  had  done 
their  best  to  appease  the  multitude.  The  cause,  they  said, 
to  their  conjecture  was,  that  his  majesty  refused  to  hear 
their  petition,  which  they  knew  came  not  of  himself,  but  of 
others.  The  earl  of  Mar  replied,  that  any  reasonable 
petition  would  be  heard  and  answered,  being  preferred  in  a 
dutiful  manner  ;  wherefore  they  should  do  wisely  to  go 
together  and  supplicate  his  majesty  for  remedy  of  these 
things  wherein  they  were  grieved.  Whereupon  they  re- 
turned to  the  Little  Church,  and  after  a  short  deliberation 
sent  the  Lord  Forbes,  the  laird  of  Bargenny,  and  Mr  Robert 
Rollock  with  these  petitions.  "  First,  That  all  which  had 
been  done  in  prejudice  of  the  Church  the  last  four  or  five 
weeks  might  be  rescinded.     Next,  That  in  the  things  which 


30  THE  HISTORY  OF  THE  [a.  D.  1596. 

concerned  the  Church,  the  president,  controller,  and  advocate 
should  have  no  voice,  as  being  suspected  in  religion,  and 
opposite  enemies  to  the  Church.  Thirdly,  That  the  citizens 
of  Edinburgh  who  were  charged  to  leave  the  town  might 
be  permitted  to  stay  at  home,  upon  surety  to  appear  when- 
soever they  were  called."  The  king  answering  very  calmly, 
said,  "  That  his  doings  had  been  greatly  mistaken  by  the 
ministers  ;  and  that  as  these  controversies  were  moved 
against  his  will,  so  he  wished  nothing  more  than  to  have 
them  quietly  settled.  But  that  it  could  not  stand  with  his 
honour  to  rescind  so  hastily  the  conclusions  taken  in  council, 
nor  to  remove  councillors  from  their  places  upon  naked 
suspicions,  except  somewhat  could  be  verified  that  might 
disable  them.  At  afternoon  he  should  call  the  council,  and  sat- 
isfy them  in  every  thing  which  with  reason  they  could  desire. 
For  the  citizens,  he  said,  that  the  supplication  made  in  their 
behalf  would  come  better  from  the  provost  and  baihes  of  the 
town,  and  the  same  upon  their  petition  should  be  granted." 
With  these  answers  the  Lord  Forbes  and  the  rest  returned  ; 
and  with  them  the  Lord  Ochiltrie  and  laird  of  Cessford  were 
sent  by  the  king  to  desire  them  to  put  their  petitions  in 
reasonable  terms,  and  await  on  the  council  at  two  of  the 
clock.  Matters  thus  quieted,  the  king  with  the  lords  went 
down  the  street  peaceably  to  his  palace. 

At  afternoon  the  noblemen  and  barons  assembling  with  the 
ministry,  after  long  reasoning,  did  condescend  upon  the  sup- 
pUcation  and  articles  following  : 

"  In  most  humble  manner,  we,  the  noblemen,  barons, 
gentlemen,  burgesses,  and  ministers,  this  day  by  the  mercy 
of  God  convened,  do  beseech  your  majesty  to  apprehend  the 
great  danger  wherein  the  state  of  religion,  commonwealth, 
and  your  majesty's  own  honour  and  person  are  brought  by 
the  means  of  crafty  and  deceitful  councillors,  who  respecting 
only  their  own  preferment  and  standing,  labour  to  sile  your 
majesty's  eyes,  that  you  should  not  perceive  their  courses : 
for  albeit  it  hath  pleased  God  to  endue  your  majesty  with 
knowledge,  wisdom,  and  graces,  beyond  all  the  princes  that 
have  ruled  this  kingdom  at  any  time,  yet  it  is  no  strange 
thing  to  behold  good  kings  brought  upon  ill  courses  by  the 
devices  of  such  as  pretend  love,  but  in  very  deed  hate  them 
maliciously.     That  such  courses  are  now  in  hand ;  please 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  31 

your  majesty  to  consider  what  a  division  is  made  and  enter- 
tained between  your  majesty  and  the  Church,  who  were 
ever  to  this  time  inseparably  joined  ;  and  how  under 
coloured  pretexts  the  liberty  of  preaching,  and  faithful  apply- 
ing of  the  word,  is  sought  to  be  restrained  and  taken  away, 
which  cannot  but  bring  many  evils  and  inconveniences  with 
it,  as  this  day's  tumult  may  partly  teach.  And  now  seeing, 
blessed  be  God,  the  same  is  settled  without  the  harm  of  any 
person,  for  preventing  the  like,  or  worse,  we  humbly  desire 
the  articles  following  to  be  weighed  and  considered  by  your 
majesty  : 

"1.  That  professed  papists,  processed  by  the  Church,  be 
not  suffered  to  reside  at  court ;  and  that  the  Lady  Huntly 
and  Lord  Sanquhar  be  removed  and  sent  home. 

"  2.  That  Alexander  Seaton,  president,  Mr  Thomas 
Hamilton,  advocate,  and  Mr  James  Elphingston,  be  not 
admitted  to  sit  in  council,  at  least  when  the  cause  of  religion 
and  matters  of  the  Church  are  treated  ;  seeing  they  are 
enemies  to  the  quietness  thereof,  and  have  by  then'  devices 
I'uised  the  troubles  that  presently  do  vex  the  same. 

"  3.  That  the  acts  of  council,  proclamations,  decreets,  and 
interlocutors  passed  in  prejudice  of  the  Church  and  ministers 
these  last  five  weeks,  be  rescinded  and  annulled. 

"  4.  That  the  commissioners  of  the  Church  be  recalled  by 
proclamation,  and  the  burgesses  of  the  town  permitted  to  re- 
main and  attend  tlieu'  callings. 

"  5.  That  the  bond  advised  by  the  foresaid  enemies  to  be 
subscribed  by  all  the  ministers,  under  the  pain  of  losing  their 
benefices  and  stipends,  be  discharged,  seeing  the  same  is  pre- 
judicial to  the  liberties  of  the  gospel,  and  that  commission  be 
given,  as  use  is,  to  modify  stipends,  for  the  present  year. 

"  Lastly,  That  an  act  of  council  be  made,  allowing  the  pro- 
ceedings of  the  Church,  and  the  concurrency  given  them  by 
the  noblemen,  barons,  and  others  in  the  present  action." 

It  was  late  and  the  night  fallen  before  these  articles  were 
put  in  form,  the  day  being  then  at  the  shortest ;  the  persons 
chosen  to  present  them  were  the  lairds  of  Bargenny,  Pitt- 
arrow,  Faldonside,  Mr  David  Lindsay,  and  Mr  Robert 
RoUock.  Before  their  coming  the  council  had  concluded  not 
to  receive  the  petitions,  as  was  promised,  and  to  commit  those 
that  did  present  them  ;  yet  doubtful  what  might  be  the  event 


32  THE  HISTOKY  Ol'  THE  [a.  D.  1596. 

thereof,  it  was  thought  fitter  to  terrify  them  from  presenting 
the  same.  For  this  cfiect  the  Lord  Ochiltrie  was  appointed 
to  meet  them  at  the  outer  gate,  who  drawing  Bargenny  aside 
advised  him  to  go  back,  because  of  the  anger  which  the  king 
had  conceived,  and  to  meddle  no  more  in  that  business  ;  for 
the  king,  he  said,  knew  ho  was  brought  upon  it  unwillingly, 
and  would  excuse  his  part,  if  he  went  no  farther.  Bargenny, 
forethinking  his  employment,  and  not  knowing  how  to  colour 
it  to  his  associates,  the  Lord  Ochiltrie  drew  them  aside,  and 
said  that  he  had  brought  the  laird  of  Bargenny  to  the  town 
for  affairs  that  did  nearly  touch  him,  and  that  he  did  not 
think  to  meet  with  such  business  at  his  coming,  therefore  de- 
sired them  to  have  his  friend  excused  for  that  time ;  and 
seeing  they  were  a  number  sufficient  to  do  the  errand,  they 
might  go  to  it,  or,  if  they  pleased  to  delay  the  same  to  the 
next  morrow,  he  should  be  with  them.  They  ansAvered, 
that  they  were  also  little  foreseen  at  their  coming  of  those 
matters  as  he  was,  and  seeing  they  were  all  joined  in  one 
commission,  if  he  who  was  the  principal  did  decline  it,  they 
could  do  nothing  by  themselves  ;  and  so  the  business  was  left 
for  that  night. 

In  the  morning  early  the  king  and  council  departed  to 
Linlithgow,  leaving  a  proclamation,  which  was  presently 
published  at  the  market-cross  of  Edinburgh,  of  this  tenor  : 
"  That  the  king,  considering  the  late  treasonable  uproar 
moved  by  certain  factious  persons  of  the  ministry  of  Edin- 
burgh, (who  after  they  had  uttered  most  seditious  speeches  in 
pulpit,  did  convene  a  number  of  noblemen,  barons,  and  others 
in  the  Little  Church,  and  sent  some  of  their  number  to  his 
majesty,  being  then  in  the  upper  house  of  session,  using  him 
in  a  most  irreverent  manner,  and  with  speeches  ill-beseeming 
any  subject ;  and  tliat  a  multitude  of  the  townsmen  by  per- 
suasion of  the  said  ministry  had  treasonably  put  themselves 
in  arms,  intending  to  bereave  his  majesty  and  his  council  of 
their  lives),  did  think  the  said  town  an  unfit  place  for  the  mi- 
nistration of  justice,  and  had  therefore  ordained  the  lords  of 
session,  the  sheriffs,  commissars,  and  justice,  with  their  several 
members  and  deputies,  to  remove  themselves  forth  of  the 
town  of  Edinburgh,  and  be  in  readiness  to  repair  unto  such 
places  as  should  be  appointed ;  commanding  in  like  sort  all 
noblemen  and  barons  to  despatch  unto  their  houses,  and  not 


A.  D.   1596.]  CHURCH  OF  SCOTLAND.  33 

to  presume  to  convene  either  in  that  or  any  other  place 
Avithout  his  majesty's  license,  under  the  pain  of  his  highest 
displeasure." 

This  proclamation,  with  the  king  his  sudden  departing, 
wrought  a  great  alteration  in  the  minds  of  the  people.  They 
began  then  to  see  their  error,  and  looked  heavy  one  upon 
another.  The  better  sort  being  in  a  great  perplexity  what 
they  should  do,  called  their  council  together,  but  could  not 
resolve  what  course  to  take.  To  follow  the  king  and  plead 
for  the  town,  they  could  not  think  any  of  them  would  be  ac- 
cepted (and  it  being  the  last  day  of  the  week,  hardly  would 
any  others  undertake  the  employment) ;  so  as  they  saw  no 
way  but  to  be  quiet  till  they  heard  what  the  king  and 
council  concluded  to  do.  But  the  ministers  persisting  in  their 
first  resolution  laboured  to  have  the  noblemen  and  barons 
remain  together,  and  to  send  for  others  well  affected  in  re- 
ligion, who,  as  they  thought,  would  join  in  the  cause.  A 
bond  to  this  effect  was  drawn  up,  and  subscribed  by  some 
few.  The  council  of  the  town  excused  themselves,  saying, 
"  Their  good  will  was  known,  and  that  they  were  not  to 
leave  their  dwellings ;"  which  m.ade  divers  keep  back  their 
hands.  Always  it  was  thought  meet  that  the  ministers  should 
write  to  the  Lord  Hamilton  and  the  laird  of  Buccleuch,  of 
whose  assistance  they  held  themselves  assured,  entreating 
them  to  repair  to  the  town  and  countenance  the  cause ;  as 
likewise  that  the  rest  of  the  ministers  in  the  country  should 
be  convened  as  unto  a  General  Assembly,  and  desired  to  bring 
with  them  the  best  affected  gentlemen  within  their  parishes. 

They  were  at  the  same  time  in  a  long  deliberation, 
whether  or  not  they  should  excommunicate  the  Lord  Presi- 
dent and  Advocate,  which  divers  urged.  The  Controller  was 
in  some  better  opinion  with  them,  by  reason  of  a  message 
sent  quietly  to  Mr  Robert  Bruce.  But  in  end  they  resolved 
to  continue  that  business  to  the  meeting  of  the  Assembly, 
when  the  sentence  might  be  pronounced  with  greater  au- 
thority. Meanwhile,  to  keep  the  people  in  a  good  disposition, 
a  fast  was  proclaimed  through  the  city,  and  sermons  of  pre- 
paration ordained  to  be  made  that  afternoon  in  all  the 
churches. 

A  minister  named  Mr  John  Welch,  making  offer  to  supply 
the  place  in  the  High  Church,  was  allowed  to  preach,  who 

VOL,   III.  3 


34  THE  HISTORY  OF  THE  [a.  D.  1596. 

taking  for  his  theme  the  epistle  sent  to  the  angel  of  the 
church  of  Ephesus,  did  rail  pitifully  against  the  king,  saying, 
"  He  was  possessed  with  a  devil :  that  one  devil  being  put 
out  seven  worse  were  entered  in  place  ;  and  that  the  subjects 
might  lawfully  rise,  and  take  the  sword  out  of  his  hand :" 
which  he  confirmed  by  the  example  of  a  father  that  falling  in 
a  frenzy  might  be  taken  by  the  children  and  servants  of  the 
family,  and  tied  hand  and  foot  from  doing  violence.  A  most 
execrable  doctrine  and  directly  repugnant  to  holy  scriptures ; 
which  yet  was  taken  by  many  of  the  hearers  as  a  sound  and 
free  application.  So  ready  are  men  to  flatter  themselves  in 
wickedness,  and  even  to  justify  impiety  itself.  A  rumour 
was  then  also  dispersed  throughout  the  town,  that  in  the  day 
of  tumult  the  earl  of  Erroll  did  come  to  the  Queensferry 
with  five  hundred  horse,  and  was  gone  back  upon  report  of 
the  stir.  This  upon  the  Sunday  took  up  a  great  part  of  the 
ministers'  sermons,  and  was  brought  to  justify  the  multitude's 
proceedings,  as  though  they  had  been  directed  by  a  secret 
providence  to  disappoint  the  wicked  practices  that  were  in 
hand.  A  manifest  forgery  it  was,  yet  believed  at  the  time 
by  foohsh  and  credulous  people. 

The  messenger  sent  to  the  Lord  Hamilton  was  at  his 
coming  well  received.  At  first  the  nobleman  made  a  show 
that  he  would  go  for  Edinburgh  ;  but  upon  better  advice  he 
turned  to  Linlithgow,  and  taking  the  copy  of  the  letter  that 
was  sent  unto  him  (for  he  rendered  the  principal  to  the 
bearer),  he  showed  the  king  what  an  invitation  he  had  from 
those  at  Edinburgh.  The  king  at  sight  of  the  letter  grew 
exceeding  angry,  for  therein,  after  a  short  narrative  of  the 
injuries  the  Church  had  received  by  the  malice  of  some 
counsellors,  it  was  said,  "  That  the  people  animated  by  the 
word  and  motion  of  God's  Spirit  had  gone  to  arms,  and  that 
the  godly  barons  and  other  gentlemen  that  were  in  town  had 
convened  themselves,  and  taken  on  them  the  patrociny  of  the 
Church  and  her  cause,  only  they  lacked  a  head  and  special 
noblemen  to  countenance  the  matter  ;  and  since  with  one 
consent  they  had  made  choice  of  his  lordship,  their  desire 
was  that  he  should  come  to  Edinburgh  with  all  convenient 
diligence,  and  utter  his  affection  to  the  good  cause,  accepting 
the  honour  which  was  offered  untahim." 

This  letter,  indited  by  Mr  Robert  Bruce,  and  subscribed 


A.  T).   1596.]  CHURCH  OF  SCOTLAND.  35 

by  him  and  Mr  Walter  Balcanquel,  was  of  all  that  yet  had 
happened  the  worst,  nor  could  it  receive  any  good  construc- 
tion ;  for  albeit  in  an  apology  afterwards  set  forth  it  was  said 
to  be  penned  only  to  please  the  nobleman,  who  was  of  an 
ambitious  humour,  yet  put  the  case  he  had  accepted,  and 
taken  upon  him  to  be  their  head,  as  he  was  desired,  who  can 
tell  what  mischief  might  have  ensued,  and  if  it  might  not 
have  turned  to  the  wreck  and  ruin  of  many  innocents  ?  But 
faults  follow  one  upon  another,  and  when  men  have  once 
passed  bounds  they  run  easily  into  error. 

On  Monday  early  a  charge  was  directed  to  the  provost 
and  baihes  for  imprisoning  the  ministers ;  but  they  upon 
some  advertisement  fled,  and  went  to  Newcastle  in  England. 
The  town  the  same  day  sent  John  Arnot,  Hugh  Brown, 
George  Heriot,  and  John  Watt,  to  purge  themselves  of  the 
tumult,  and  offer  their  obedience  in  every  thing  his  majesty 
and  council  should  be  pleased  to  enjoin  for  repairing  the  in- 
dignity and  dishonour  done  to  his  highness  ;  providing  they 
should  not  be  thought  guilty  of  the  crime,  which  from  their 
hearts  they  detested.  But  the  king  would  receive  no  pur- 
gation, saying,  "  That  fair  and  humble  words  could  not  ex- 
cuse such  a  fault,  and  that  he  should  come  ere  it  were  long, 
and  let  them  know  he  was  their  king."  The  next  day  in 
council  the  tumult  was  declared  to  be  treason,  and  the  coun- 
cillors, executors,  and  partakers  to  be  traitors,  as  likewise 
all  that  should  thereafter  partake  and  assist  the  committers 
thereof. 

This  put  the  town  in  a  great  fear,  neither  did  they  expect 
any  other  than  an  ntter  ruin.  All  the  judicatories  were  re- 
moved to  Lcith ;  the  .Session  ordained  to  sit  at  Perth  after 
the  first  of  February  ;  their  ministers  were  fled,  the  magis- 
trates not  regarded,  and  those  of  greatest  power  about  the 
king,  their  enemies ;  what  they  should  do  they  were  doubtful. 
After  divers  opinions  given,  they  are  resolved  that  some 
should  be  sent  who  would  be  more  acceptable,  to  supplicate 
the  king,  and  excuse  the  town's  part,  for  that  perhaps  would 
be  taken  better  at  other  men's  hands  than  any  of  their  own. 
To  this  errand  none  was  held  so  fit  as  Mr  David  Lindsay, 
Mr  John  Preston,  and  Mr  John  Sharp,  men  in  favour  with 
the  king,  and  free  of  all  faction. 

Tliese  coming  to  the  king  at  Linlithgow,  after  they  had 


36  THE  HISTORY  OF  THE  [a.  D.  1596. 

showed  the  miserable  estate  of  the  town,  and  how  grieved  all 
honest  men  were  for  the  displeasure  he  had  conceived  against 
them,  did  beseech  him  not  to  use  the  extremity  of  rigour,  but 
to  put  a  difference  between  the  innocent  and  guilty.  "  In 
great  towns,  such  as  that  was  (they  said),  there  would  ever 
be  some  bad  spirits ;  and  if  the  insolencies  of  a  rascal  multi- 
tude should  be  imputed  to  the  town,  it  would  be  thought  hard, 
specially  since  the  magistrates  had  done  their  duties  and  re- 
pressed the  tumult.  If  on  their  part  there  had  been  any 
connivance,  or  the  smallest  appearance  that  they  did  favour 
the  sedition,  they  protested  that  they  would  not  once  have 
opened  their  mouths  in  their  favour  ;  but  since  it  was  known 
that  none  were  more  offended  with  the  tumult  than  they, 
and  that  they  were  careful  to  find  out  the  authors  and  pre- 
sent them  to  punishment,  they  could  not  but  humbly  entreat 
his  majesty  to  relent  his  wrath,  and  to  be  mitigated  towards 
the  town." 

The  king  after  a  httle  pause  answered,  "  That  he  could 
not  think  the  town  to  be  free  ;  for,  if  some  of  the  principals 
had  not  approved  the  multitude  in  their  doings,  the  tumult 
could  not  have  been  so  great ;  but  howsoever  the  magistrates' 
negligence  could  not  be  excused,  in  so  far  as  they  did  not 
prevent  the  disorder,  always  his  resolution  was  to  proceed 
by  form  of  law,  and  not  to  use  any  violent  course ;  he  had 
appointed  the  Estates  to  meet  in  the  same  place  where  the 
dishonour  was  done  unto  him,  and  would  follow  their  advice 
both  in  the  trial  and  punishment."  With  this  answer  they 
were  dimitted. 

The  last  of  December,  which  was  the  day  preceding  the 
convention,  the  king  came  to  Leith,  and  stayed  there  all 
night,  giving  order  for  his  entry  into  the  town  the  next 
morning,  which  was  in  this  manner.  The  keys  of  the  town 
being  delivered  to  one  of  the  king's  officers,  a  guard  of  armed 
men  was  placed  in  the  streets,  the  citizens  being  commanded 
to  stay  within  their  houses,  and  forbidden  to  carry  any  wea- 
pon. The  earl  of  Mar  with  the  Lords  Seaton  and  Ochiltrie 
had  the  charge  of  the  town  given  them,  without  the  admis- 
sion of  the  magistrates  ;  and  they  having  disposed  all  things 
in  the  best  fashion,  the  king  accompanied  with  a  great  train 
of  nobles  entered  the  town,  and  riding  up  the  street  lighted 
at  the  Tolbooth,  where  the  Estates  were  appointed  to  meet. 


A,  D,   1596.]  CHURCH  OF  SCOTLAND.  37 

After  some  general  discourses  of  the  tumult,  the  king  was 
advised  to  call  the  magistrates,  and  hear  wliat  they  could 
say  in  behalf  of  the  town. 

Sir  Alexander  Home  of  North  Berwick,  provost,  Roger 
Macnaught,  George  Todrick,  Patrick  Cochran,  and  Alex- 
ander Hunter,  bailies,  with  a  number  of  the  town  council, 
compearing  and  falling  on  their  knees,  after  some  few  words 
delivered  by  the  provost,  did  present  in  writing  the  offers 
following  : — 

"  That  for  pacifying  his  majesty's  wrath,  and  satisfying 
the  lords  of  council,  they  should  upon  their  great  oath  purge 
themselves  of  all  foreknowledge  and  partaking  in  that  sedi- 
tious tumult.  And  as  already  they  had  made  a  diligent 
search  to  find  out  the  authors,  so  they  should  not  cease  till 
they  had  brought  the  trial  unto  the  uttermost  point ;  or  if  his 
majesty  and  council  did  think  any  others  more  fit  to  take  the 
examination,  they  should  wilHngly  resign  their  places  to 
such  as  his  highness  would  appoint,  and  assist  them  at  their 
power.  And  because  his  majesty  had  taken  that  tumult  to 
proceed  from  certain  sermons  preached  by  their  ministers, 
who  were  now  denounced  rebels,  they  should  promise  never 
to  readmit  any  of  those  ministers,  unless  his  majesty  did 
command  otherwise.  As  also,  that  the  like  should  not  fall 
out  thereafter,  the  town  should  be  obliged  never  to  receive 
any  minister  in  time  coming  but  by  his  majesty's  advice  and 
approbation.  And  in  the  election  of  their  magistrates  they 
should  yearly  present  their  lites  to  his  majesty  and  the  lords 
of  session,  to  be  allowed  or  disallowed  at  their  pleasure,  and 
propone  such  others  as  his  majesty  should  think  more  apt 
and  sufficient  for  the  charge,  and  to  that  effect  should  alter 
the  time  of  their  election,  and  make  the  same  on  some  day  of 
November,  when  the  lords  of  session  were  convened  and 
might  give  their  advice  thereto.  They  did  lastly  offer  to 
fulfil  whatsoever  his  majesty  and  council  should  think  fit  to 
be  done  in  the  premises,  under  protestation  that  they  did  not 
take  upon  them  the  crime,  and  that  it  should  not  be  thought 
to  have  been  committed  of  their  foreknowledge." 

Thus  it  proved  true  which  Tacitus  saith,  "  that  all  con- 
spiracies of  the  subjects,  if  they  succeed  not,  advance  the 
sovereignty ;"  for  by  this  tumult  was  the  king's  authority  in 


38  THE  HISTORY  OF  THE  [a.  D.  1596. 

matters  ecclesiastical  so  far  advanced,  as  he  received  little  or 
no  opposition  thereafter. 

The  offers  of  the  town,  howbeit  made  in  great  submission, 
were  not  accepted,  and  counsel  given  by  some  noblemen  to 
raze  the  town,  and  erect  a  pillar  in  place  thereof,  for  a  monu- 
ment of  the  insolency  committed,  and  the  just  punishment 
taken  thereof.  Others  were  more  mild  in  their  opinions ; 
but  for  that  time  nothing  was  concluded. 

The  queen  of  England  upon  notice  sent  to  her  of  these 
broils  did  write  to  the  king  a  letter,  which  (for  the  wise  and 
loving  advice  it  contained)  I  thought  meet  here  to  insert. 

"My  dear  Brother, — If  a  rare  accident  and  ill- welcomed 
news  had  not  broken  my  long  silence,  I  had  not  used  now  my 
pen-speech,  as  being  [too  ?]  careful  of  your  quiet,  and  mindful 
of  your  safety,  to  omit  the  expressing  of  both,  by  letting  you 
know  how  untimely  I  take  this  new  begun  frenzy,  that 
may  urge  you  to  take  such  a  course,  as  may  bring  into 
opinion  the  verifying  of  such  a  scandal  as  ye  avowed  to  me 
to  be  far  from  your  thought.  In  this  sort  1  mean  it ;  some 
members  of  the  Church  with  their  companies  have  over  auda- 
ciously emboldened  themselves  to  redress  some  injurious  acts 
that  they  feared  might  overthrow  their  profession,  which 
though  I  grant  no  king  for  the  manner  ought  to  bear  with, 
yet  at  the  instant  when  the  new  banished  lords  returned,  and 
they  seen  to  be  winked  at  without  restraint,  and  the  spring- 
time going  on,  when  promised  succour  is  attended,  together 
with  many  letters  from  Rome  and  elsewhere  sent  abroad,  to 
tell  the  names  of  men  authorized  by  you,  as  they  say  (though 
I  hope  falsely),  to  assure  your  conformity,  as  time  may  serve 
you,  to  estabhsh  the  dangerous  party,  and  fail  your  own.  I 
wail  in  unfeigned  sort,  that  any  just  cause  should  be  given 
you  to  call  in  doubt  so  disguised  acts,  and  hope  that  you  will 
so  try  this  cause  as  that  it  harm  not  you,  though  it  ruin 
them. 

"  Of  this  you  may  be  sure,  that  if  you  make  your  strength 
of  so  sandy  a  foundation,  as  to  call  to  your  aid  such  as  bo  not 
of  your  flock,  whenas  the  one  side  be  foolish,  rash,  head- 
strong, and  brainsick,  yet  such  as  may  defend  you,  liaving  no 
sure  anchorage  for  themselves,  if  you  fail  them ;  and  the 


A.  D.   1596.]  CHURCH  OF  SCOTLAND.  39 

others,  who  have  other  props  to  sustain  them,  though  they 
lack  you,  yea  such  as  though  your  private  love  to  their  per- 
sons may  inveigle  your  eyes,  not  to  pierce  in  the  depth  of 
their  treason,  yet  it  is  well  known  that  their  many  petitions 
for  foreign  aid  might  have  tended  to  your  peril,  and  your 
country's  wreck ;  for  seldom  comes  a  stranger  to  a  weaker 
Ejoil  that  thralleth  not  the  possessor,  or  endangereth  him  at 
least.  I  trust  you  think  no  less,  or  else  they  must  justify 
themselves  to  condemn  you,  for  without  your  displeasure,  not 
feared  for  such  a  fact,  no  answer  can  shield  them  from  blame. 
Now  to-  utter  my  folly  in  seeming  busy  in  another's  aifairs,  I 
suppose  you  will  not  mislike,  since  the  source  of  all  is  care  of 
your  good,  to  desire  that  nought  be  done  that  may  embolden 
the  enemy,  decrease  your  love,  and  endanger  your  surety. 
This  is  in  sum  the  line  whereto  I  tend,  and  God  I  beseech  to 
direct  your  heart  in  such  sort,  as  ye  please  not  your  worst 
subjects,  but  make  all  know  in  a  measure  what  is  fit  for 
them,  and  make  difference  between  error  and  malice.  So 
God  bless  you  with  a  true  thought  of  her  that  means  you 
best, 

"  Your  most  affectionate  sister, 

"  Elizabeth  R." 

This  letter  was  to  the  king's  mind ;  for  albeit  he  judged 
the  offence  great,  yet  it  was  not  his  purpose  to  use  rigour, 
but  to  assure  the  obedience  of  the  subjects  in  time  coming, 
and  make  his  own  advantage  of  their  disorders.  Therefore 
in  the  next  meeting  which  was  kept  at  Halyrudhouse,  the 
tumult  being  of  new  declared  to  be  treason  by  the  Estates, 
no  farther  was  done,  but  a  conclusion  taken  to  pursue  the 
town  criminally  before  the  justice  ;  and  to  charge  the  pro- 
vost, bailies,  council,  and  deacons  of  crafts,  as  representing 
the  whole  body  of  the  town,  to  enter  their  persons  within  the 
town  of  Perth  before  the  first  of  February,  and  there  to  keep 
ward  till  they  should  be  cleared,  or  found  guilty  of  the 
uproar. 

In  this  convention  the  Octavians  not  according  well 
amongst  themselves  (for  the  prior  of  Blantyre  did  keep  a 
course  with  the  gentlemen  of  the  chamber,  and  underhand 
informed  the  ministry  of  the  ill  affection  that  the  President 
and  Advocate  carried  unto  them),  gave  over  their  commission 


40  THE  HISTORY  OF  THE  [a.  D.   1596. 

of  exchequer  in  his  majesty's  hands.  They  pretended  the 
many  burdens  uhich  they  sustained  otherwise,  their  services 
in  council  and  session,  with  the  charge  of  the  queen's  rent 
and  hving ;  but  the  true  cause  was,  the  mahce  and  envy  car- 
ried unto  them  for  the  credit  and  place  they  had  with  the 
king,  which  their  service  had  well  deserved  ;  for  never  were 
the  rents  of  the  crown  so  tliriftily  and  so  rightly  used  as  iu 
that  short  time  of  their  employment.  But  the  king  loved  to 
have  peace  though  with  his  own  loss,  neither  did  they  like 
to  be  the  instruments  of  his  trouble. 

A  little  before  these  stirs  wuth  the  Church,  Captain  James 
Stewart  (who  had  been  sometimes  chancellor,  and  carried  the 
title  of  the  earl  of  Arran)  was  killed  by  James  Douglas  of 
Torthorwald.  This  man  after  he  was  put  from  court  had 
lived  obscure  in  the  north  parts,  and  was  entertained  by  the 
Lady  Salton  his  sister-in-law.  Being  in  some  hope  to  come 
again  by  the  office  of  chancellary,  as  yet  void  by  the  death 
of  the  Lord  Thirlstane,  he  came  south,  and  had  a  long  con- 
ference with  the  king,  which  did  greatly  encourage  him  ;  but 
till  matters  might  be  better  prepared,  he  took  purpose  to 
visit  his  friends  in  Kyle.  Taking  his  journey  by  Symington 
nigh  unto  Douglas,  he  was  advised  by  his  friends  in  those 
parts  to  look  to  himself,  and  not  ride  so  openly,  because  of 
Torthorwald  that  lived  not  far  off,  whose  uncle  he  had  fol- 
lowed (as  they  spake)  to  the  death.  His  reply  (as  he  was  a 
man  proud  and  disdainful)  that  he  would  not  leave  his  way 
for  him,  nor  for  all  the  name  of  Douglas,  being  overheard  by 
a  fellow,  and  reported  to  Torthorwald,  did  so  inflame  him,  the 
old  ulcer  remaining  uncured,  as  he  avouched  to  have  his  life 
at  all  hazards.  So  getting  intelligence  that  he  had  taken 
horse,  he  made  after  him  with  three  of  his  servants,  and 
overtaking  him  in  a  valley  called  Catslack,  after  he  had 
stricken  him  from  his  horse,  did  kill  him  without  any  re- 
sistance. It  is  said  that  when  Captain  James  saw  the  horse- 
men following,  he  did  ask  how  they  called  the  piece  of  ground 
on  which  they  Avere,  and  Avhen  he  heai'd  the  name  of  it,  ho 
commanded  the  company  to  ride  more  quickly,  as  having 
gotten  a  response  to  beware  of  such  a  part.  He  was  a  man 
full  of  violence,  and  when  he  was  in  place  of  rule  executed  it 
with  much  cruelty,  which  was  now  paid  home  in  the  end. 

The  king,  who  had  longed  to  see  a  decent  order  established 


A.  D.  1596.]  CHURCH  of  Scotland.  41 

in  the  Church,  such  as  agreed  with  the  word  of  God,  the 
allowable  custom  of  the  primitive  times,  and  with  the  laws  of 
the  country,  did  think  this  a  fit  time  to  effectuate  his  purpose, 
and  thereupon  resolved  to  call  a  national  Assembly  to  meet  at 
Perth  the  last  of  February,  for  treating  and  determining  the 
bounds  and  exercise  of  the  spiritual  jurisdiction  ;  and  to  the 
end  that  all  might  come  the  better  prepared,  and  be  duly  ad- 
vised with  the  matters  then  to  be  entreated,  he  caused  some 
articles  to  be  drawn  up  and  imprinted  with  a  preface,  where- 
in he  took  God  the  searcher  of  all  hearts  to  record,  that  his 
intention  was  not  to  trouble  the  peace  of  the  Church  by 
thorny  questions,  nor  yet  to  claim  to  himself  any  tyrannical 
or  unlawful  government  over  the  same,  but  only  to  have  these 
doubts  solved,  wliich  might  either  in  his  time  or  in  the  time 
of  his  successors  engender  debate  ;  and  to  have  the  policy  of 
the  Church  so  cleared,  as  all  corruptions  being  removed,  a 
pleasant  harmony  might  be  settled  betwixt  him  and  the 
ministry  to  the  P'lory  of  Almighty  God,  the  content  of  all 
good  men,  and  terror  of  the  wicked. 

The  articles  were  fifty-five  in  number,  and  drawn  up  in 
form  of  questions,  as  foUoweth : — 

1.  May  not  the  matters  of  external  gubernation  of  the 
Church  be  disputed,  salva  fide  et  religione  ? 

2.  Is  it  the  king  severally,  or  the  pastors  severally,  or  both 
conjunctly,  that  should  estabhsh  the  acts  concerning  the 
gubernation  of  the  Church  ?  or  what  is  the  form  of  their 
conjunction  in  the  making  of  laws  ? 

3.  Is  not  the  consent  of  the  most  part  of  the  flock,  and  also 
of  the  patron,  necessary  in  the  election  of  pastors. 

4.  Is  it  lawful  for  the  pastor  to  leave  his  flock  against  their 
wills,  albeit  he  have  the  consent  of  the  presbytery  ?  and 
for  what  cause  should  the  presbytery  consent  thereto  ? 

5.  Is  it  lawful  for  a  minister  to  use  farther  application  than 
that  which  may  edify  his  own  flock  ?  or  is  the  whole  world 
the  flock  of  every  particular  pastor  ? 

6.  Is  he  a  lawful  pastor  who  wants  impositionem  manuum  ? 

7.  Is  it  lawful  to  pastors  to  express  in  particular  the  names 
of  councillors,  magistrates,  or  others  whatsoever  iu  pulpit, 
or  so  lively  to  describe  them  that  the  people  may  under- 


42  THE   HISTORY  OF  THE  [a.  D.   1596. 

stand  whom  they  mean,  without  notorious  declared  vices, 
and  private  admonitions,  preceding  ? 

8.  For  what  vices  should  admonitions  and  reproving  of 
magistrates  pass  publicly  from  pulpits,  in  their  absence  or 
presence,   respective  ? 

9.  Is  the  application  of  docti'ine  in  pulpits  lawful  which  is 
founded  upon  informations,  bruits,  and  rumours,  suspicions 
and  conditions,  if  this  be  or  that  be,  probabilities,  likeh- 
ness  or  unlikeliness  of  things  to  come  in  civil  matters, 
which  all  may  be  false,  and  consequently  the  doctrine 
following  thereupon  ;  or  should  all  apphcations  be  grounded 
upon  the  verity  of  known  and  notorious  vices  ? 

10.  Is  the  text  which  is  read  in  pulpit  the  ground  where- 
upon all  the  doctrine  should  be  built  ?  or  may  all  things 
be  spoken  upon  all  texts,  so  that  the  reading  thereof  is 
but  a  ceremony  ? 

11.  May  a  simple  pastor  exercise  any  jurisdiction,  without 
consent  of  the  most  part  of  his  particular  session  ? 

12.  Is  his  session  judge  to  his  doctrine  1 

13.  Should  not  the  moderator  of  the  session  be  chosen  yearly 
of  any  who  hath  voice  therein  ? 

14.  May  the  session  be  elected  lawfully  by  ministers  only, 
without  the  consent  of  the  whole  congregation  ? 

15.  Why  should  not  elders  and  deacons  of  particular  sessions 
be  elected  ad  vitam  ? 

16.  How  many  presbyteries  are  meet  to  be  in  the  whole 
country,  in  what  places,  and  how  many  pastors  of  churches 
in  every  presbytery  ? 

17.  Should  not  the  elders  and  deacons  of  every  particular 
session  have  voice  in  presbyteries,  or  the  pastors  only  ? 

18.  What  are  the  matters  belonging  to  the  jurisdiction  of 
the  presbytery,  which  may  not  be  entreated  in  particular 
sessions  ? 

19.  What  form  of  process  in  libelling  and  citatioUj  Avhat 
terms  and  diets,  and  what  probations  should  be  used 
before  the  said  particular  sessions  and  presbyteries  re- 
spective  ? 

20.  What  matters  should  the  synodal  assemblies  treat  upon, 
which  may  not  be  decided  in  presbyteries  ? 

21.  Should   not   all   who   have  voice   in   presbyteries   and 


A.  D.   1596.]  CHURCH  or  SCOTLAND.  43 

in   the   particular   sessions,    have   voice   in   the    synodal 
assemblies  ? 

22.  Should  each  university  or  college,  or  every  master  or 
regent  within  colleges,  have  voice  in  presbyteries  and 
synods,  in  the  towns  and  countries  where  they  are  ?  as 
likewise  wliat  form  of  voice  should  they  have  in  General 
Assemblies  ? 

23.  Is  it  lawful  to  convocate  the  General  Assembly  without 
his  majesty's  license,  he  being  pius  et  Christianus  magis- 
tratus  ? 

24.  Is  it  necessary  that  the  General  Assembly  should  be 
ordinarily  or  extraordinarily  convened  for  weighty  causes 
concerning  the  whole  Church  ? 

25.  Have  not  all  men  of  good  religion  and  learning  voice  in 
the  General  Assembly  ? 

26.  Is  every  particular  pastor  obliged  to  repair  to  the  Gene- 
ral Assembly  ?  or  is  it  sufficient  that  only  commissioners 
come  from  every  particular  session,  presbytery,  or  synod  ? 

27.  Who  should  choose  the  commissioners  to  come  from 
every  shire  to  give  voice  in  the  General  Assembly  ? 

28.  What  is  the  number  of  those  that  give  voices,  which  is 
necessary  to  the  lawfulness  of  a  General  Assembly  ?  and 
how  many  of  the  number  should  be  pastors,  and  how  many 
other  men  ? 

29.  May  any  thing  be  enacted  in  the  Assembly  to  which  his 
majesty  consents  not  ? 

30.  Is  it  expedient  that  the  two  part  of  them  who  have  jus 
suffragii  should  consent  to  any  things  decerned  in  ecclesi- 
astic judgments,  that  matters  pass  not  by  one  voice  more 
or  less  ? 

31.  Hath  not  every  judgment,  inferior  to  the  General 
Assembly,  a  territory  limited,  without  the  which  they 
have  no  power  of  citation  or  jurisdiction  1 

32.  What  is  the  ordinary  ecclesiastic  judgment  for  his 
majesty's  household  and  council,  removable  with  his 
majesty  to  any  part  of  the  realm  ? 

33.  Should  there  be  libelled  precepts  containing  the  cause 
of  the  citation  and  certification  of  the  censures  before  all 
ecclesiastic  judgments?  or  should  they  answer  super 
inquirendis  '^ 

34.  Have  the  inferior  judgments  power  to  summon  any  to 


44  THE  HISTORY  OF  THE  [a.  D.  1596. 

compear  before  the  superior  ?  or  should  men  be  summoned 
only  by  the  authority  of  that  judgment  before  which  they 
ought  to  compear  ? 

35.  Is  it  not  necessary  that  private  admonitions,  with  reason- 
able intervals  of  time,  pass  before  all  manner  of  citations  ? 

36.  What  interval  of  time  is  necessary  between  every  pri- 
vate admonition  and  between  the  first  citation,  and  the  day 
of  compearance,  and  betwixt  the  citation  and  the  last  ad- 
monition, in  every  one  of  the  said  judgments  ? 

37.  How  many  citations  should  infer  contumacy  ? 

38.  Is  simple  contumacy  without  probation  of  a  crime,  or  is 
any  crime  without  contumacy,  a  sufficient  cause  of  ex- 
communication ? 

39.  Are  there  not  divers  kinds  of  censures,  such  as  prohibitio 
privati  convictus,  interdictio  a  coena,  not  published  to  the 
people  ;  and  last  of  all,  publica  traditio  satance  ? 

40.  Should  the  presbyteries  be  judges  of  all  things  that  im- 
port slander  ?  and  if  so  be,  whereof  are  they  not  judges  ? 

41.  Can  excommunication  be  used  against  thieves,  murderers, 
usurers,  and  not  payers  of  their  debts  ?  and  if  so  it  may 
be,  why  are  not  the  highland  and  border  thieves  cursed, 
as  also  all  the  forswearing  merchants  and  usurers  amongst 
the  burghs  ? 

42.  Is  there  any  appellation  from  the  inferior  to  the  superior 
judgment?  and  is  not  the  sentence  suspended  during  the 
appellation  ? 

43.  Should  not  all  processes  and  acts  be  extracted  to  parties 
having  interests  ? 

44.  Is  summary  excommunication  lawful  in  any  case  without 
admonition  and  citation  preceding  ? 

45.  Have  any  others  but  pastors  voice  in  excommunication  ? 

46.  Hath  every  ecclesiastical  judgment  a  like  power  to 
excommunicate  ? 

47.  Is  it  lawful  to  excommunicate  such  papists  as  never  pro- 
fessed our  religion  ? 

48.  A  woman  being  excommunicated,  having  a  faithful  hus- 
band, should  he  thereafter  abstain  from  her  company  ? 

49.  Is  it  not  reasonable  that  before  any  letters  of  horning  be 
granted  by  the  session  upon  the  process  of  excom- 
munication, that  the  party  should  be  cited  to  liear  them 
granted  ? 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  45 

50.  Hath  not  a  Christian  king  power  to  annul  a  notorious 
unjust  sentence  of  excommunication  ? 

51.  May  any  council  or  university  be  excommunicated  ?  for 
what  cause,  by  Avhom,  and  the  manner  thereof? 

52.  When  the  pastors  do  not  their  duties,  or  when  one 
jurisdiction  usurpeth  upon  another,  or  any  other  schism 
falleth  out,  should  not  a  Christian  king  amend  such 
disorders  ? 

53.  May  fasts,  for  general  causes,  be  proclaimed  without  a 
Christian  king's  command  ? 

54.  May  any  ecclesiastical  judgment  compel  a  man  to  swear 
in  suam  turpitudi7iem  ? 

hb.  Should  there  any  thing  be  entreated  in  the  ecclesiastical 
judgment  prejudicial  to  the  civil  jurisdiction  or  private 
men's  i-ights  ?  and  may  not  the  civil  magistrates  stay  all 
such  proceedings  ? 

How  soon  these  questions  were  divulged,  and  that  it  was 
seen  they  all  touched  upon  the  abuses  crept  into  the  disci- 
pline, the  ministers  that  stood  affected  to  the  present  order 
were  much  perplexed;  neither  did  any  thing  more  offend 
them,  than  that  the  government  should  be  brought  in  dispute 
which  they  had  given  out  always  to  be  a  part  of  the  gospel. 
This  at  any  hand  they  thought  was  to  be  prevented ;  and 
many  private  conferences  were  kept  to  this  purpose.  Neither 
did  the  king  neglect  to  provide  himself  of  a  party  against 
that  meeting ;  and  thinking  he  should  gain  most  easily  the 
ministers  in  the  north  parts,  he  employed  Sir  Patrick 
Murray,  gentleman  of  his  chamber,  to  deal  with  them,  giv- 
ing him  direction  first  to  show  what  a  slander  the  ministers 
of  Edinburgh  had  brought  upon  religion  by  the  stirring  up 
of  the  late  uproar,  and  the  inciting  of  the  Lord  Hamilton 
and  others  of  the  nobility  to  open  rebellion  against  him  ; 
how  for  the  same  they  were  become  fugitives,  and  denounced 
his  majesty's  rebels  ;  and  thereupon  to  desire  them  by  some 
public  act  or  declaration  to  utter  their  dishke  of  those  sedi- 
tious and  treasonable  courses. 

He  was  next  desired  to  urge  their  subscription  to  the 
bond,  which  was  appointed  to  be  subscribed  by  the  ministers 
for  acknowledging  his  majesty's  royal  power  above  them  in 
all  causes  of  sedition,  treason,  and  other  civil  and  criminal 


46  THE  HISTORY  OF  THE  [a.  D.  159G. 

matters,  and  in  all  speeches  uttered  by  them  in  pulpits, 
schools,  or  otherwise,  which  might  import  the  said  crimes,  or 
any  of  them. 

Thirdly,  to  require  them  to  accept  the  earl  of  Huntly 
his  offers  for  satisfying  the  Church,  and  to  absolve  him  from 
his  excommunication,  they  finding  his  offers  reasonable  ; 
seeing  the  bosom  of  the  Church  ought  always  to  be  open  to 
penitents,  and  that  they  should  be  more  ready  to  receive 
than  to  cast  out :  wherefore  as  the  presbytery  of  St  Andrews, 
to  the  which  he  was  not  subject,  had  pronounced  him  ex- 
communicate, they,  under  whose  jurisdiction  he  hved,  might 
and  ought  with  better  reason  declare  him  absolved.  Neither 
should  the  pretext  of  the  General  Assembly's  ratification  of 
the  sentence  be  a  stay  unto  them,  considering  it  was  done 
many  months  after  the  pronouncing  of  the  sentence,  and  that 
the  absolution  they  should  give  might  in  the  like  manner  be 
ratified  at  the  next  Assembl}^ ;  much  less  ought  the  prohibi- 
tion of  the  presbytery  of  Edinburgh  (whereof  his  majesty 
was  informed)  be  any  hindrance  to  them,  seeing  they  were 
neither  subject  nor  subordinate  to  them,  but  as  free  in  all 
respects  as  themselves. 

And  if  any  doubt  should  arise  upon  the  form  of  the  earl's 
satisfaction,  he  was  to  remember  them  that  the  same  is 
expressly  defined  in  the  act  of  parliament,  anno  1572,  made 
against  apostates  and  other  adversaries  of  the  true  religion, 
where  it  is  said,  "  That  they  which  have  made  defection 
from  the  truth  should  not  be  received  to  our  sovereign  lord's 
mercy  and  favour,  till  they  have  given  of  new  the  confession 
of  their  faith,  and  promised  to  continue  in  the  profession 
thereof,  in  all  time  coming,  and  to  fortify  the  preachers  of 
the  same  against  whatsoever  enemies." 

Last  of  all,  he  was  appointed  to  deliver  them  a  copy  of 
the  imprinted  questions,  and  to  desire  the  most  discreet  of 
their  number  to  be  sent  commissioners  to  the  Assembly  ap- 
pointed at  Perth,  with  promise  of  special  favoui*  to  them  in 
all  their  businesses,  his  good  will  towards  the  ministry  being 
no  way  altered  by  the  wrong  he  had  received  from  those 
insolent  ministers  of  Edinburgh.  This  was  the  substance  of 
his  instructions. 

The  ministers  with  the  reverence  that  was  due  made 
answer.  That  for  the  tumult  of  Edinburgh  they  were  igno- 


A.  D.   1596.]  CHURCH  OF  SCOTLAND.  47 

rant  of  the  ministers'  behaviour  therein,  as  likewise  of  the 
reason  of  their  flight,  and  having  no  jurisdiction  over  them, 
they  could  give  forth  no  judgment  or  censure ;  only  in  the 
general  they  would  say,  that  whosoever  by  just  trial  should 
be  found  authors  of  that  insurrection  deserved  to  be  punished 
as  traitors,  and  if  they  were  ministers,  to  be  doubly  punished. 

For  their  subscription  to  the  bonds,  they  answered,  That 
at  their  acceptation  of  the  ministry  they  had  taken  oath  for 
acknowledging  his  majesty's  power  and  authority,  and  would 
not  decline  the  same  ;  but  where  the  bond  did  mention 
speeches  uttered  in  pulpit,  because  the  same  concerned  ap- 
plication of  doctrine,  which  his  majesty  had  proponed  as  a 
question  to  be  decided  in  the  approaching  Assembly,  they  did 
humbly  entreat  his  majesty  to  spare  them  in  that  point  unto 
that  time,  which  they  promised  precisely  to  keep. 

For  the  earl  of  Huntly,  they  said,  his  repentance  should 
be  most  acceptable  to  them ;  that  they  were  content  to  give 
him  conference,  and  use  all  means  for  his  resolution ;  but 
they  did  not  find  him  so  willing  to  conform  as  they  wished, 
nor  very  earnest  for  his  absolution. 

This  was  the  sum  of  their  answer,  which  the  king  did 
accept  the  better,  because  of  the  hopes  given  to  his  servant 
of  all  satisfaction  on  their  parts  at  the  meeting  of  Perth, 
which  they  also  performed ;  for  both  then  and  afterwards 
in  all  assemblies  and  conventions  they  did  stick  fast  unto 
him.  But  the  king  being  made  to  understand  that  Huntly 
did  linger  and  delay  to  make  offers  for  satisfying  the  Church, 
he  sent  him  the  letter  following  written  all  with  his  own 
hand : — 

"  My  Lord, — I  am  sure  ye  consider  and  do  remember  how 
often  I  have  incurred  skaith  and  hazard  for  your  cause  ; 
therefore,  to  be  short,  resolve  you  either  to  satisfy  the 
Church  betwixt  and  the  day  that  is  appointed  without  any 
more  delay,  or  else  if  your  conscience  be  so  kittle  as  it  cannot 
permit  you,  make  for  another  land  betwixt  and  that  day, 
where  ye  may  use  freely  your  own  conscience  ;  your  wife 
and  bairns  shall  in  that  case  enjoy  your  living  ;  but  for  your- 
self look  never  to  be  a  Scottishman  again.  Deceive  not 
yourself  to  think  that,  by  lingering  of  time,  your  wife  and 


48  THE  HISTORY  OF  THE  [a.  D.  1596. 

your  allies  shall  ever  get  you  better  conditions.  And  think 
not  that  I  will  suifer  any  professing  a  contrary  religion  to 
dwell  in  this  land.  If  you  obey  me  in  this,  you  may  once 
again  be  settled  in  a  good  estate,  and  made  able  to  do  me 
service,  which  from  my  heart  I  would  wish.  The  rest  I 
remit  to  the  bearer,  whose  directions  ye  shall  follow  if  you 
wish  your  own  weal.     Farewell. 

"  From  Dunfei'mline.  James  11." 

Such  was  the  king's  care  for  reclaiming  the  nobleman  to 
the  profession  of  the  truth,  whilst  people  suffered  themselves 
to  be  abused  with  rumours  that  he  himself  was  declining. 
Letters  in  the  meantime  were  directed  to  all  the  presbyteries, 
advertising  them  of  the  meeting  at  Perth,  and  desiring  they 
should  send  their  commissionei's  thither  instructed  with 
power  to  treat  and  conclude  in  all  matters  to  be  pro- 
poned. When  the  day  came,  the  Assembly  was  frequent 
enough  ;  but  divers  commissioners  bearing  a  power  only  to 
convene,  hear,  and  report,  and  not  to  question  anything 
concluded  in  former  Assemblies,  the  king  sent  Sir  John 
Cockburne  of  Ormiston,  Mr  John  Preston,  and  Mr  Edward 
Bruce,  to  ask  those  that  were  convened,  "  Whether  they  did 
account  that  meeting  a  lawful  General  Assembly,  having 
power  sufficient  to  treat  and  conclude  in  the  articles  that 
should  be  proponed,  according  to  his  majesty's  missive  letters 
directed  to  the  several  presbyteries  ?"  After  long  reasoning, 
answer  was  made,  "  That  they  did  esteem  the  meeting  to 
be  a  lawful  General  Assembly,  called  extraordinarily  by  his 
majesty's  letters,  and  that  they  would  hear,  treat,  and  con- 
clude of  things  that  should  be  moved  unto  them,  according  to 
the  commissions  wherewith  they  were  authorized." 

This  answer  given,  they  presented  the  articles  following: — 
*'  Seeing  the  quietness  of  the  Churchand  the  freeing  of  the  same 
from  slander,  which  upon  the  contrary  effects  would  necessarily 
follow,  is  the  principal  scope  and  end  at  which  his  majesty 
aimeth  in  this  present  Assembly,  for  eschewing  fashions  and 
long  disputes  whereupon  controversies  and  debates  might 
arise,  his  majesty  hath  thought  good  to  remit  the  decision  of 
a  great  number  of  the  questions  imprinted  to  better  oppor- 


A.  D.  1596.]  CHURCH  OF  SCOTLAND.  49 

tunity,  and  will  content  himself  with  the  determination  of  a 
few  that  he  hath  made  choice  of,  which  without  a  greater  harm 
could  not  be  longer  delayed. 

As  first,  That  it  be  not  thought  unlawful  either  to  the 
prince  or  any  of  the  pastors  at  any  time  hereafter  to  move 
doubts,  and  crave  reformation  of  any  points  in  the  external 
policy  and  disciphne  of  the  Church,  which  are  not  essential 
concerning  salvation,  nor  expressly  defined  in  scripture  ;  pro- 
viding it  be  done  decenter  in  right  time  and  place,  animo 
cedificandi,  non  tentandi. 

2.  That,  seeing  the  civil  and  pohtic  government  of  the 
country  belongs  properly  to  the  king's  office  and  his  coun- 
cillors, and  is  no  way  pertinent  to  the  spiritual  ministry 
of  the  word,  no  minister  should  thereafter  meddle  Avith 
matters  of  estate  in  pulpit,  or  with  any  of  his  majesty's  laws, 
statutes,  or  ordinances  ;  but  if  any  of  them  seem  hurtful  to 
religion,  they  should  complain  to  the  king  and  council  thereof. 

3.  That  it  should  not  be  lawful  to  ministers  to  name  any 
particular  men's  names  in  pulpit,  or  so  vively  to  describe  them 
as  may  be  equivalent  to  their  naming,  except  upon  the  no- 
toriety of  a  crime,  which  notoriety  must  only  be  defined  by 
the  guilty  persons  being  fugitive  for  the  crimes,  or  the  de- 
claration of  an  assize,  or  their  excommunication  for  the  same. 

4.  That  every  minister  in  his  particular  application  have 
only  respect  to  the  edification  of  his  own  flock  and  present 
auditory,  without  expatiating  in  other  discourses  no  way 
pertinent  to  their  congregation. 

5.  That  every  particular  presbytery  be  commanded  to 
take  a  dihgent  account  of  the  doctrine  of  their  ministers,  and 
see  that  they  keep  themselves  within  bounds  in  the  premises. 

6.  That  summary  excommunication  be  utterly  discharged, 
and  that  three  lawful  citations,  at  least  of  eight  days'  interval 
betwixt  every  one  of  them,  precede  the  sentence. 

7.  That  no  session,  presbytery,  or  synod  use  censures 
upon  any  but  those  that  are  within  their  bounds ;  otherwise 
their  decrees  and  sentences  to  be  null. 

8.  That  all  summons  contain  a  special  cause  and  crime,  and 
none  be  used  super  inquirendis,  quod  est  mere  tyrannicum. 

9.  That  no  meeting  or  convention  be  amongst  the  ministers 
without  his  majesty's  knowledge  and  consent,  except  the 
ordinary  sessions,  presbyteries,  and  synods. 

VOL.  III.  4 


50  THE  HISTORY  OF  THE  [a,  D.   1596. 

10.  That  in  the  principal  burghs  no  ministers  be  placed 
without  the  consent  of  his  majesty  and  the  flock ;  and  this 
order  to  begin  presently  in  Edinburgli. 

11.  That  all  matters  concerning  the  rest  of  his  majesty's 
questions  be  suspended,  and  neither  condemned  nor  rebuked, 
either  in  pulpit,  or  any  other  judicatory,  till  the  same  be 
decided  in  the  next  General  Assembly ;  especially  that  no 
matters  be  called  before  the  ecclesiastical  judicatories  as  im- 
porting slander,  wherein  his  majesty's  authority  may  be  pre- 
judged; but  that  they  meddle  only  with  causes  merely 
ecclesiastical. 

12.  That  some  wise  and  discreet  ministers,  to'the  number 
of  seven  or  eight,  be  authorized  by  commission  to  reason 
upon  the  rest  of  the  questions,  when  opportunity  of  time  shall 
serve. 

Lastly,  That  the  present  Assembly  grant  commission  to  the 
ministers  of  the  north  country  to  absolve  the  earl  of  Huntly 
from  his  excommunication,  if  he  satisfy  the  Church." 

For  the  better  determining  of  the  said  articles,  it  was 
thought  meet  that  some  brethren  should  be  desired  to  confer 
of  them  apart,  and  report  their  opinions  to  the  Assembly, 
which  they  did  the  next  morning.  Touching  the  first  article, 
they  said,  That  they  held  it  not  expedient  to  make  any  law 
or  act  concerning  that  matter,  lest  a  door  should  be  opened 
thereby  to  turbulent  spirits;  otherwise  they  did  tbink  it 
lawful  to  his  majesty,  by  himself  or  by  his  commissioners,  to 
propone  in  a  General  Assembly  whatsoever  point  his  majesty 
desired  to  be  resolved  in,  or  to  be  reformed  in  siyecie  externi 
ordinis,  seeing  substantia  externce  administrationis  ecclesias- 
ticce  est  plenissime prodita  in  sacris  Uteris.  And  as  the  Gen- 
eral Assembly  hath  accepted  well  of  this  manner  of  doing  in 
all  times  past,  so  in  their  opinion  they  would  do  the  hke  in 
time  coming. 

For  tbe  second  their  advice  was,  That  the  acts  already 
made  which  are  hurtful  to  religion,  and  jjrejudicial  to  the 
liberty  of  the  word,  should  be  discharged,  and  no  act  there- 
after passed  concerning  religion  without  the  advice  and  con- 
sent of  the  Church.  As  for  matters  of  estate  mentioned  in 
the  article,  they  craved  a  farther  explanation  of  that  point. 

The  third  they  esteemed  reasonable,  that  no  man's  name 
should  be  expressed  to  his  rebuke  in  pulpit,  unless  the  fault 


A.  1).   159(5.]  CHURCH  OF  SCOTLAND.  51 

was  notorious  and  public  ;  but  they  esteemed  notoriety  must 
be  defined  otherwise  than  by  the  three  ways  set  down  in  the 
article :  for  contumacy  after  citation,  the  public  commission 
of  a  crime,  such  as  was  Bothwell's  treasonable  attempt  at 
Leith,  the  burning  of  Donibristle,  and  the  Uke,  make  also  a 
notoriety.  As  to  the  vive  description,  said  to  be  equivalent, 
they  thought  it  hard  to  set  any  law  to  that,  seeing  every 
guilty  person  will  think  himself  described  when  his  fault  is 
rebuked,  albeit  the  minister  doth  not  once  think  of  him. 

The  fourth  and  fifth  articles  they  judged  lawful ;  but  for 
the  sixth,  which  craves  a  simple  charge  of  summary  excom- 
munication, they  advised  to  remit  the  same  to  the  next 
Assembly,  suspending  the  practice  thereof  in  the  meantime. 
The  seventh,  they  thought,  was  likewise  to  be  remitted.  To 
the  eighth  they  agveed ;  and  for  the  ninth,  that  concerned 
the  meeting  of  pastors,  they  said  that  besides  sessions,  pres- 
byteries, and  synods,  pastors  are  accustomed  to  meet  for 
visitation  of  churches,  admission  of  ministers,  taking  up  of 
feuds,  resolving  of  questions,  and  the  like. 

The  tenth  they  esteemed  reasonable.  The  eleventh  article 
seeming  to  import  a  discharge  of  many  points  of  discipline, 
they  said  was  so  large  that  it  could  not  be  presently  answered. 
And  the  last  two  they  remitted  to  the  full  Assembly,  judging 
that  they  ought  to  be  granted. 

These  answers  showed  to  the  king  were  not  liked,  and 
held  insufficient ;  whereupon  the  Assembly  was  desired  to 
repair  to  the  place  where  his  majesty  and  the  Estates  were 
convened,  for  treating  upon  the  foresaid  articles.  At  their 
coming  the  king  had  a  speech  much  to  this  purpose  :  "  That 
they  could  not  be  ignorant  either  of  the  occasion,  or  of  his 
purpose  in  calhng  the  present  Assembly ;  and  for  the  occasion, 
that  it  grieved  him  to  remember  it,  not  for  any  injury  or 
displeasure  done  to  himself,  but  for  the  shame  and  slander 
cast  upon  religion ;  for  have  not  the  adversaries,  said  he,  now 
too  just  a  ground  against  us,  who  say  that  our  profession 
teacheth  the  contempt  of  princes,  and  maintains  insurrections 
against  them  ?  I  know  it  is  the  fault  of  men,  and  not  of  the 
profession,  and  none  of  you  that  are  met  here  I  take  to  be 
guilty  of  the  late  attempt ;  but  it  is  in  your  hands  to  clear 
yourselves,  if  any  think  otherwise,  and  so  to  free  your  pro- 
fession of  that  scandal.     As  to  the  purpose  for  which  I  have 


52  THE  HISTORY  OV  THE  [a.  u.  159C. 

called  you  together  at  this  time,  it  is  to  mend  such  things  as 
are  amiss,  and  to  take  away  the  questions  that  may  move 
trouble  afterwards.  If  you  for  your  parts  be  willing  to  have 
matters  righted,  things  may  yet  go  well.  I  claim  nothing 
but  what  is  due  to  every  Christian  king  within  his  dominion, 
that  is  to  be  cu3tos  and  vindex  disciplince.  Corruptions  are 
crept  in,  and  more  daily  growing  by  this  liberty  that  preachers 
take  in  the  application  of  their  doctrine,  and  censuring  every 
thing  that  is  not  to  their  mind.  This  I  must  have  mended ; 
for  such  discourses  serve  only  to  move  sedition  and  raise 
tumults.  Let  the  truth  of  God  be  taught  in  the  ch.air  of 
truth,  and  wickedness  be  reproved;  but  in  such  sort  as  the 
offender  may  be  bettered,  and  vice  made  more  odious.  To 
rail  against  men  in  pulpit,  and  express  their  names,  as  we 
know  was  done  of  late,  there  being  no  just  cause,  and  make 
the  word  of  God,  which  is  ordained  to  guide  men  in  the  way 
of  salvation,  an  instrument  of  sedition,  is  a  sin,  I  am  sure, 
beyond  all  other  that  can  be  committed  on  earth.  Hold  you 
within  your  limits,  and  I  will  never  blame  you,  nor  suffer 
others  to  work  you  any  vexation.  The  civil  government  is 
committed  to  me,  it  is  not  your  subject,  nor  are  ye  to  meddle 
with  it."  After  such  words  as  these,  he  began  to  speak  of 
the  articles  proponed,  desiring  to  hear  what  reasons,  they  had 
to  the  contrary. 

Mr  Thomas  Buchanan,  as  he  was  appointed,  did  first 
protest  in  the  name  of  the  Assembly,  "  That  their  coming  to 
that  place  was  only  to  testify  their  obedience  to  his  majesty, 
and  to  hear  what  should  be  proponed  ;  but  not  to  submit 
matters  ecclesiastic,  either  concerning  doctrine  or  discipline, 
to  their  judicatory,  or  yet  to  make  themselves  one  Assembly 
with  the  Estates :  and  that  therefore  they  should  be  per- 
mitted to  return  to  the  place  of  their  Assembly  to  treat,  rea- 
son, and  conclude  in  the  points  moved  unto  them  according 
to  the  word  of  God  and  good  conscience."  Which  protes- 
tation was  admitted.  Then  ho  did  humbly  thank  his  majes- 
ty for  his  good  affection  to  the  Church,  and  the  care  he  had 
to  redress  things  that  were  amiss  in  so  peaceable  a  manner. 
And  for  the  particulars  proponed,  he  showed  what  was  the 
mind  of  the  Assembly,  and  the  reasons  that  led  them  unto  it, 
saying,  they  were  willing  to  hear  and  give  place  to  better  in- 
formation.    Hereupon  ensued  a  reasoning,  which  kept  a  long 


A.  D.   1596.]  CHURCH  OF  SCOTLAND.  53 

time,  and  ended  in  a  good  agreement :  so  the  ministers  Avere 
dimitted,  and  assembling  again  in  the  ordinary  place,  they 
corrected  their  first  answers  in  this  sort. 

1.  That  it  is  lawful  to  his  majesty  by  himself  or  his  com- 
missioners, or  to  the  pastors,  to  propone  in  a  General  As- 
sembly whatsoever  point  his  majesty  or  they  desire  to  be 
resolved  or  reformed  in  matters  of  external  government, 
alterable  according  to  circumstances ;  providing  it  be  done 
in  right  time  and  place,  animo  (EcJificandi,  non  tentandi. 

2.  That  no  minister  should  reprove  his  majesty's  laws, 
acts,  statutes,  and  ordinances,  unto  such  time  as  first  he  hath 
by  the  advice  of  his  presbytery,  synodal  or  general  assem- 
blies, complained  and  sought  remedy  of  the  same  from  his 
majesty,  and  made  report  of  his  majesty's  answer,  before  any 
farther  proceeding. 

3.  That  no  man's  name  should  be  expressed  in  pulpit  to 
his  rebuke,  except  the  fault  be  notorious  and  public  ;  which 
notoriety  is  thus  defined.  If  the  person  be  fugitive,  convict 
by  assize,  excommunicate,  contumax  after  citation  or  lawful 
admonition  ;  nor  yet  should  any  man  be  described  vively  by 
an^r  other  circumstances  than  public  vices  always  damnable. 

4.  That  no  minister  should  use  application,  wherein  he 
hath  not  a  principal  respect  to  the  edifying  of  his  own  flock 
and  present  auditory. 

5.  That  every  presbytery  take  dihgent  account  of  the 
pastor's  doctrine,  and  that  he  keep  himself  within  the  bounds 
of  the  word. 

6.  That  the  answer  of  the  sixth  article  shall  be  superseded 
unto  the  next  General  Assembly,  suspending  in  the  mean  time 
all  summary  excommunication  unto  the  said  Assembly. 

7.  That  the  seventh  article  be  remitted  to  the  next 
Assembly. 

8.  That  all  summons  contain  the  special  cause  and  crime, 
and  none  to  be  given  out  super  inquirendis. 

9.  That  no  conventions  shall  be  amongst  the  pastors  with- 
out his  majesty's  knowledge  and  consent,  except  their  sessions, 
presbyteries,  and  synods,  the  meetings  of  the  visitations  of 
churches,  admission  or  deprivation  of  ministers,  taking  up  of 
deadly  feuds,  and  the  hke,  which  have  not  been  found  fault 
with  by  his  majesty. 

10.  That  in  all  principal  towns  the  ministers  shall  not  be 


54  THE  HISTORY  OF  THE  [a.  D.   1596. 

chosen  without  his  majesty'^s  consent  and  the  consent  of  the 
flock. 

1 1 .  That  all  matters  concerning  remanent  questions  shall  bo 
suspended,  and  neither  damned  nor  rebuked  in  pulpit  or 
other  judicatories,  till  they  be  decided  in  the  General  Assem- 
bly ;  and  that  no  matters  importing  slander  shall  be  called 
before  them  in  the  mean  time,  wherein  his  majesty's  au- 
thority is  prejudged,  causes  ecclesiastical  only  excepted. 

Lastly,  for  reasoning  the  said  questions,  according  to  his 
majesty's  desire,  the  Assembly  did  ordain  Mr  James  Nichol- 
son, Mr  John  Coldcleuch,  Mr  Andrew  Clayhills,  Mr  Thomas 
Buchanan,  IMr  David  Lindsay,  Mr  James  INielvill,  Mr 
Robert  Wilkie,  Mr  William  Cowper,  Mr  John  Cowper,  Mr 
Robert  Rollock,  Mr  Patrick  Galloway,  Mr  Robert  Howy, 
John  Duncanson,  and  Mr  James  Bryson,  to  convene  at  such 
time  and  place  as  his  majesty  should  be  pleased  to  appoint, 
and  to  report  their  opinion  and  advice  to  the  next  General 
Assembly. 

These  conclusions  taken,  which  for  a  beginning  did  satisfy 
the  king,  a  commission  was  also  given  at  his  majesty's  desire 
to  the  ministers  of  Aberdeen  and  INIurray,  with  some  others 
of  Mearns  and  Angus,  for  reconciling  the  popish  lords.  The 
conditions  reqxiired  of  Huntiy  to  be  fulfilled  before  his  ab- 
solution were, 

1.  That  he  should  appear  before  the  commissioners  ap- 
pointed by  the  Assembly  the  twenty-second  of  March  at 
Aberdeen,  and  remain  in  that  city  during  the  time  of  their 
conference  wuth  him,  to  the  effect  he  might  be  instructed  in 
the  truth,  and  brought  to  condescend  with  knowledge  unto 
the  religion  professed,  and  to  the  detestation  of  the  contrary. 

2.  That  he  should  acknowledge  the  Church  of  Scotland  to  be  a 
true  church,  and  adjoin  himself  thereto,  hear  the  word,  receive 
the  sacraments,  and  be  obedient  to  the  discipline  thereof. 

3.  That  he  should  solemnly  promise  to  remove  forth  of  his 
company,  and  from  the  bounds  that  were  under  his  power, 
all  Jesuits,  priests,  and  excommunicate  persons.  4.  That  he 
swear  and  subscribe  the  confession  of  the  faith  in  presence  of 
the  whole  commissioners.  5.  That  he  acknowledge  the  sen- 
tence of  excommunication  to  have  been  justly  pronounced 
against  him  for  his  apostasy  from  the  truth,  the  slaughter  of 
the  earl  of  Murray,  and  burning  of  Donibristle,  and  that  he 


A,  D.   1596.J  CHURCH  OF  SCOTLAND.  55 

declare  himself  penitent  therefor,  promising  assythment  to 
the  party  -whensoever  he  should  be  moved  to  accept  the  same. 
6.  That  he  provide  sufficient  maintenance  to  the  churches 
within  his  bounds  by  the  advice  of  his  best  disposed  friends, 
and  have  an  ordinary  minister  to  reside  with  him  in  his 
family.  And  lastly,  That  he  be  content  to  reconcile  with  all 
that  he  is  esteemed  to  carry  any  grudge  unto,  and  profess 
no  quarrel  to  any  of  those  that  assisted  the  king  in  bis  pur- 
suit. 

The  like  conditions  were  required  of  Angus  and  ErroU 
(that  which  concerned  the  earl  of  Murray  only  excepted). 
All  matters  being  thus  peaceably  accorded,  the  king  caused 
publish  the  good  agreement  he  had  made  with  the  Church, 
taking  in  his  protection  the  ministers  with  their  families, 
goods,  and  possessions,  and  charging  all  papists  (those  ex- 
cepted that  were  in  terms  of  satisfaction)  to  depart  forth  of 
the  country  before  the  first  of  June. 

The  Assembly  finding  the  king  so  well  pleased,  made  bold 
to  intercede  for  the  ministers,  the  town  of  Edinburgh,  and 
the  gentlemen  that  were  challenged  for  the  tumult.  For  the 
town  his  majesty  answered,  that  he  was  not  minded  to 
trouble  innocent  men,  and  should  shortly  settle  with  them. 
Touching  the  gentlemen,  he  said,  they  should  do  well  to  pre- 
sent their  supplications  by  their  fx'iends.  But  for  the  minis- 
ters, he  esteemed  them  most  guilty,  and  knew  not  what  course 
to  take  with  them.  It  being  replied,  that  by  the  examina- 
tions taken  it  appeared  that  they  all,  especially  Mr  Robert 
Bruce,  was  a  chief  instrument  in  the  staying  of  the  tumult, 
and  that  they  should  therefore  be  rather  rewarded  than 
punished  ;  he  answered,  *•'  That  granting  they  did  stay  the 
tumult,  yet  they  were  the  cause  of  it ;  and  if  they  for  that 
fault  were  first  corrected,  he  would  not  be  much  troubled 
with  their  reAvard.  Not  the  less,  at  the  Assembly's  request,  he 
would  be  content  they  should  be  relaxed,  upon  caution  to 
underlie  the  trial  of  law."  Thus  an  end  was  put  to  that 
meeting,  and  the  next  Assembly  by  his  majesty's  consent 
appointed  to  be  at  Dundee  the  tenth  of  May  following. 

This  year  Mr  John  Lesley,  bishop  of  Ross,  departed  this 
life  at  Brussels  in  Flanders,  where  for  the  most  part  he  abode 
after  the  queen  of  Scotland's  execution.  A  man  (though  dif- 
fering from  us  in  religion)  worthy  to  be  remembered  for  his 


50  THE  HISTOUY  OF  THE  [a.  D.   1596. 

fidelity  to  the  queen  liis  mistress,  and  the  extraordinary 
pains  he  took  to  procure  her  hberty,  travailing  with  all  the 
neighbour  princes  to  interpose  their  credit  with  the  queen 
of  England  for  her  relief :  neither  was  he  deficient  otherwise 
in  ministering  the  best  consolations  he  could  furnish  for  bear- 
ing patiently  her  cross,  whereof  one  treatise  he  afterwards 
published  full  of  piety  and  learning.  How  heavily  he  took 
her  death  it  cannot  well  be  expressed  ;  yet  comforting  him- 
self in  the  best  sort  he  could,  he  put  off  to  this  time,  and 
being  much  weakened  by  a  languishing  sickness  that  held 
him  some  months,  he  ended  quietly  his  days.  The  history 
of  his  country  from  the  beginning  of  the  nation  unto  these 
last  times,  written  by  him  in  the  Latin  tongue,  doth  witness 
both  his  learning  and  judgment.  It  being  just  to  give  unto 
every  man  (albeit  an  enemy)  his  due  commendation,  I  could 
not  pass  him  unremembered.  Mr  David  Lindsay,  minister 
at  Leith,  was  in  the  year  following  provided  to  that  see. 

The  diet  assigned  for  the  appearing  of  the  town  of  Edin- 
burgh at  Perth,  was  upon  their  petition  continued  first  to  the 
fifteenth  day  of  February,  and  from  the  fifteenth  again  put 
off  to  the  first  day  of  March,  with  a  declaration,  "  That  if 
two  of  the  bailies,  with  the  dean  of  guild,  treasurer,  four  of 
the  principal  deacons,  four  of  the  council,  and  their  clerk,  mak- 
ing thirteen  in  all,  did  enter  themselves  the  said  day,  and 
bring  a  sufficient  commission  from  the  provost,  bailies,  coun- 
cil, and  community  of  the  town  for  underlying  the  order  that 
should  be  taken  with  them,  as  representing  the  whole  body, 
their  compearance  by  so  many  should  serve  for  all  the  rest." 

It  was  the  fifth  of  March  before  they  were  called,  at  which 
time  there  compeared  a  number  of  persons,  and  presented  a 
procuratory  under  the  seal  of  the  town,  and  the  subscription 
of  the  clerks  thereof,  which  his  majesty  caused  to  be  read ; 
then  asking  if  all  contained  in  the  commission  were  present, 
it  was  answered  that  they  were  all  there,  William  Mauld 
excepted,  who  had  his  majesty's  letter  of  dispensation,  which 
they  produced.  But  the  same  being  granted  the  eleventh  of 
January,  long  before  the  deliverance  upon  their  petition, 
which  expressly  ordained  that  they  should  have  thirteen 
persons  present  for  undergoing  the  trial,  it  was  declared  to 
be  no  warrant ;  and  so  for  not  fulfilling  the  ordinance  of  the 
council,    the  towji   was  denounced,   the  burgesses  declared 


A.  D.  1597.]  CHURCH  of  Scotland.  57 

rebels,  and  their  coramon  goods  (so  they  called  the  rents  be- 
longing to  the  town)  arrested  to  the  king's  use. 

It  was  pitiful  to  behold  the  (desolation  wherein  the  town 
was  then  cast.  The  magistrates  renounced  their  offices,  and 
would  carry  no  more  charge ;  the  people  were  left  without 
direction,  wanting  both  magistrates  and  ministers;  and  in 
this  state  did  they  continue  for  the  space  of  fifteen  days.  At 
last,  by  the  intercession  of  some  noblemen,  the  king  was 
pleased  to  receive  the  town  in  favour ;  and  the  provost, 
bailies,  council,  and  deacons  of  crafts,  being  brought  unto  his 
presence  at  Halyrudhouse  the  twenty-first  of  March,  and 
falling  upon  their  knees,  did  with  tears  beg  pardon  for  their 
neghgence  in  not  timely  preventing  that  tumult,  raised  (as 
they  said)  by  a  number  of  ill-disposed  people,  beseeching  his 
majesty  to  take  pity  of  the  town,  which  did  submit  itself 
simply  to  his  highness's  mercy.  The  king, after  he  had  sharply 
rebuked  them,  and  showed  in  many  words  the  greatness  of 
their  offence,  commanded  them  to  remove,  that  he  might 
think  what  was  fittest  to  be  done.  Then  calling  for  the 
offers  they  had  formerly  made,  he  caused  eke  unto  them  the 
articles  following.  "  That  the  lodgings  in  the  churchyard 
wherein  the  ministers  dwelt  and  kept  their  consultations 
should  be  given  to  his  majesty,  and  used  at  his  pleasure. 
That  the  ministers  who  should  thereafter  serve  in  the  town 
should  dwell  in  their  own  quarters  and  live  dispersed.  That 
the  town  should  be  obliged  for  the  indemnity  of  the  lords  of 
session  during  their  sitting,  under  the  penalty  of  forty  thou- 
sand marks.  That  the  nether  council-house,  wherein  the 
provost  and  bailies  did  keep  their  meetings,  should  be  ap- 
pointed for  the  exchequer  ;  and  that  for  the  offence  committed 
the  town  should  be  fined  in  twenty  thousand  marks,  to  be  paid 
in  four  months."  These  conditions  accepted,  the  kmg  did 
pardon  the  town,  giving  order  to  receive  them  to  his  peace, 
and  by  proclamation  recalled  the  session  to  sit  in  their  former 
place.  Never  did  any  king,  considering  the  offence,  temper 
his  authority  with  more  grace  and  clemency  than  did  his 
majesty  at  this  time ;  which  the  people  did  all  acknowledge, 
ascribing  their  life  and  safety  only  to  his  favour. 

Shortly  after  the  ministers  were  also  permitted  to  return, 
and  had  their  peace  granted,  but  were  not  suffered  to  preach 
in  their  places ;  the  king  taking  now  the  occasion  of  finishing 


58  THE  HISTORY  OF  THE  [a.  D.  1597. 

that  work  Tchich  some  two  years  before  had  been  moved,  for 
distributing  the  people  in  several  parishes,  and  planting  more 
ministers  among  them.  The  let  he  knew  was  in  the  town, 
that  still  put  off  the  business  because  of  the  burthen  it  would 
draw  upon  them ;  and  knowing  that  the  desire  they  had  to 
have  their  old  ministers  reponed  would  make  them  the  more 
forward  that  way,  he  refuses  to  readmit  them  until  the  dis- 
tribution intended  was  perfected,  and  other  four  ministers  ad- 
joined to  them,  for  the  better  instruction  and  more  orderly 
government  of  the  people.  The  ministers  themselves  did 
also  profess  that  they  were  wearied  of  that  confused  ministry, 
as  they  called  it ;  and  compearing  in  the  Assembly,  which  held 
at  the  time  appointed  in  Dundee,  they  resigned  their  offices, 
denying  to  serve  any  longer,  unless  they  had  a  particular 
flock  designed.  But  because  that  work  required  a  longer  time 
than  the  Assembly  could  well  abide  together,  the  same  was 
committed  to  certain  delegates,  and  the  ministers  dwelling- 
near  unto  Edinburgh  ordained  to  furnish  the  pulpits  for  the 
interim. 

In  the  Assembly  Mr  Robert  Rollock  was  elected  to  pre- 
side, though  he  was  not  as  yet  in  orders ;  in  so  great  esteem 
he  was  with  all  good  men  for  his  learning,  holiness,  and  mod- 
eration. The  first  thing  done  was  the  taking  of  an  account 
of  the  ministers'  travails  with  the  earls  of  Angus,  Huntly,  and 
ErroU,  and  of  their  obedience  to  the  injunctions  given  in  the 
former  Assembly.  This  was  testified,  by  the  ministers  that 
had  the  charge,  to  have  been  in  all  points  so  well  performed, 
as  no  more  could  be  required  of  them.  For  verifying  thereof 
their  several  subscriptions  were  produced,  together  with  an 
humble  supplication  to  the  Assembly  for  accepting  their  sat- 
isfaction, and  receiving  them  in  the  bosom  of  the  Church  ; 
which  accordingly  was  decerned,  and  order  given  that  they 
should  be  received  by  the  same  commissioners  who  were  ap- 
pointed to  meet  at  a  certain  time,  and  pronounce  their  absolu- 
tion. 

The  next  thing  proponed  was  touching  the  questions  left 
unresolved  in  the  last  Assembly  ;  and  because  exception  was 
taken,  by  some  brethren  that  were  absent,  at  the  articles  con- 
cluded at  Perth,  especially  that  it  should  have  been  acknow- 
ledged for  a  lawful  General  Assembly,  it  was  of  new  declared 
to  be  a  lawful  Assembly,  and  certain  explanations  added  to 


A.  D.   1597.]  CHURCH  OF  SCOTLAND.  59 

the  rest  of  the  acts :  As,  in  the  point  of  notoriety,  the  crime 
should  be  reputed  notorious,  that  was  so  manifest  and  known 
ut  nulla  tergiversatione  celari  possit ;  and  for  the  convening 
of  pastors  with  his  majesty's  consent,  the  same  was  declared 
to  be  extended  to  all  assemblies  either  general  or  particular, 
authorized  by  his  highness's  laws,  and  having  warrant  in  the 
word  of  God.    His  majesty  did  likewise  express  his  meaning, 
touching  the  provision  of  burghs  with  ministers,  in  this  sort, 
that  when  the  Assembly  should  find  it  necessary  to  place  a 
minister  in  any  town,  he  should  either  yield  his  consent  or 
give  a  sufficient  reason  of  his  refusal.    With  these  declarations 
the  whole  number  were  so  well  pleased,  as,  proceeding  in  the 
rest  of  the  questions,  they  determined  as  followeth : — 
First,  Where  his  majesty  doth  crave  that,  before  the  conclu- 
sion of  any  weighty  matter,  his  highness's  advice  and  ap- 
probation should  be  had  thereto ;  the  Assembly  will  be 
very  glad  to  have  his  majesty's  authority  interponed  to 
all  acts  of  any  importance  made  by  the  Church,  so  as 
matters  formerly  treated  and  concluded  be  not  drawn  in 
question. 

2.  That  there  should  be  an  uniform  order  kept  in  the  ordi- 
nation of  ministers,  and  none  admitted  but  by  imposition  of 
hands,  and  to  a  certain  flock  on  which  they  shall  be  astricted 
to  attend.  As  also  such  as  have  not  received  ordination 
should  not  be  permitted  to  teach  in  great  rooms,  except 
upon  urgent  necessity  and  in  the  defect  of  actual  ministers ; 
and  that  good  heed  shall  be  taken  that  they  did  not  pass 
their  bounds^  especially  in  application. 

3.  That  no  minister  should  exercise  any  jurisdiction,  either 
by  making  of  constitutions  or  leading  of  processes,  without 
advice  and  concurrence  of  his  session,  presbytery,  synod, 
or  General  Assembly. 

4.  That  all  sessions  should  be  elected  with  consent  of  their 
own  congregations. 

5.  That  sessions,  presbyteries,  and  synods  should  labour 
to  be  formal  in  their  proceedings,  and  that  the  inferior  judi- 
catories should  be  tried  in  this  point  by  their  superiors. 

G.  That  in  the  exercises  of  the  word  Avhereunto  ministers 
convene,  there  should  no  application  be  used. 

7.  That  in  matters  of  importance,  if  the  voices  be  different 
only  by  two  or  three,  nothing  should  be  concluded  until  a 


60  THE   IllSTOIlY  OF  THE  [a.D,   1597. 

better  resolution  Avas  taken,  aud  ho  who  holdcth  the  nega- 
tive give  rationem  ncgandL 

8.  That  presbyteries  should  not  meddle  with  any  thing  that 
is  not  known,  without  all  controversy,  to  belong  to  the  eccle- 
siastical judicatory  ;  and  that  therein  uniformity  should  be 
observed  throughout  the  country. 

9.  That  no  processes  and  acts  should  be  extracted  at  the  de- 
sire of  parties  having  interest. 

10.  Summary  excommunication  should  bo  suspended  as  be- 
fore, and  in  great  crimes  after  public  intimation,  the  com- 
mitter debarred  d  sacris  et  it  privato  convichi. 

11.  That  where  any  presbytery  should  be  desired  by  his 
majesty's  missive  to  stay  their  proceedings,  as  being  pre- 
judicial to  the  civil  jurisdiction  or  private  men's  rights, 
they  should  desist  until  his  majesty  did  receive  satisfaction. 
The  principal  questions  being  thus  decided,  it  was  thought 

meet  to  supersede  the  treating  of  the  rest,  and  to  give  a  gen- 
eral commission  to  certain  of  the  most  wise  and  discreet 
brethren,  for  all  affairs  that  might  concern  the  good  of  the 
Church.  For  this  effect  choice  was  made  of  Mr  David 
Lindsay,  Mr  Thomas  Nicholson,  Mr  Thomas  Buchanan, 
Mr  Robert  Pont,  Mr  Robert  Rollock,  IMr  Alexander 
Douglas,  Mr  George  Gladstanes,  Mr  Patrick  Galloway, 
John  Duncanson,  Mr  Patrick  Sharpc,  Mr  James  Mclvill, 
Mr  William  Cowpcr,  and  John  Clapperton,  to  whom,  or  to 
any  seven  of  them,  power  was  given  to  convene  with  his 
majesty  at  such  times  as  they  should  be  required,  for  taking 
order  touching  the  provision  of  ministers  to  the  towns  of 
Edinburgh,  Dundee,  and  St  Andrews,  the  houses  of  the 
king  and  prince,  and  to  any  other  churches  within  the  realm 
that  should  stand  in  need  to  be  planted ;  as  likewise  to  pre- 
sent the  petitions  and  grievances  of  the  Church  to  his  maj- 
esty, either  general  or  jiarticular,  and  to  give  their  advice  to 
his  highness  in  all  matters  that  might  serve  to  the  weal  and 
peace  of  the  Church. 

How  soon  the  Assembly  dissolved.  Sir  Patrick  Murray 
was  sent  by  the  king  unto  the  north,  to  see  the  conditions 
made  by  the  three  earls  to  the  Church  performed,  and  to  as- 
sist the  commissioners  appointed  for  their  absolution.  He 
had  farther  in  charge  to  cause  them  to  subscribe  the  general 
bonds  for  the  peace  and  quietness  of  the  country,  and  to  find 


A,  D.  1597.]  CHURCH  OF  SCOTLAND.  61 

caution  each  of  thorn,  under  the  pain  of  twenty  thousand 
pounds,  not  to  traffic  nor  keep  intelHgence  with  any  foreigners 
without  his  majesty's  hcense  by  word  or  writing  ;  particularly 
for  the  earl  of  Huntly  it  is  enjoined,  that  he  should  follow 
the  counsel  of  certain  barons  and  ministers  that  the  king  did 
nominate  unto  him,  and  proceed  by  their  advice  in  all  weighty 
affairs,  especially  in  matters  that  concerned  his  majesty's 
service.  The  barons  nominated  to  him  were,  the  laird  of 
Findlater,  the  laird  of  Inncs,  the  laird  of  Phillorth,  the  tutor 
of  Cromarty,  the  laird  of  Pitlurg,  and  laird  of  Cluny,  or 
any  three  of  them ;  the  ministers  were,  the  bishop  of  Aber- 
deen. Mr  Peter  Blackburn,  Mr  John  Forbes,  Mr  Robert 
Howy,  the  parson  of  Turriff,  and  Mr  Alexander  Douglas,  or 
any  three  of  them. 

Whilst  the  king  was  thus  busied  to  reconcile  Huntly  to 
the  Church,  Mv  James  Gordon,  Jesuit,  came  into  the  country 
of  intention  to  divert  him  from  giving  obedience ;  against 
whom  a  strict  proclamation  was  made,  inhibiting  the  subjects 
to  reset,  supply,  or  entertain  any  intelligence  with  him,  under 
pain  of  treason,  and  a  thousand  crowns  promised  to  any  that 
should  apprehend  and  bring  him  to  the  king.  And  at  the 
same  time  was  discovered  a  practice  of  fortifying  the  isle  of 
Ailsa,  in  the  west  seas,  for  receiving  certain  forces  that 
the  Spanish  king  had  promised  to  send  thither.  The  con- 
triver of  this  plot  was  one  Hugh  Barclay  of  Ladyland,  who 
being  committed  the  year  before  in  the  castle  of  Glasgow, 
had  made  an  escape  and  gone  to  Spain.  This  year  returning 
to  make  good  what  he  had  undertaken,  with  some  few  as- 
sisters,  he  entered  into  the  isle  (a  huge  rock  it  is,  four  miles 
in  compass,  wherein  is  an  old  ruinous  tower  built  on  the 
ascent  of  the  rock,  of  difficult  access),  meaning  to  have  vic- 
tualled the  same.  Mr  John  Knox  (the  same  who  took  Mr 
George  Kerr  with  the  blanks  some  five  years  before)  getting 
intelligence  of  the  purpose,  came  upon  him  unlocked,  and 
landing  in  the  isle  did  encounter  him  in  the  very  shore  ; 
for  most  of  his  company  being  gone  to  seek  their  sport,  he 
had  stayed  to  see  who  those  were  that  he  espied  coming  to  the 
isle,  not  thinking  that  his  purpose  was  known,  or  that  any 
would  pursue  him ;  but  when  he  perceived  them  to  be  un- 
friends, and  to  be  set  for  his  apprehension,  he  ran  into  the  sea 
and  drowned  himself.     The  king  did  esteem  this,  as  it  was 


62  THE  HISTORY  OF  THE  [a.  D.   1597. 

indeed,  a  piece  of  good  service ;  and  the  ne^YS  thereof  going 
to  the  popish  lords  made  them  more  willing  to  fulfil  that  which 
they  had  promised ;  so  that,  on  the  twenty-sixth  of  June,  the 
earls  of  Huntly  and  ErroU,  upon  their  solemn  repentance, 
oaths,  and  subscriptions  to  the  articles  of  foith,  were  absolved 
in  the  church  of  Aberdeen.  The  earl  of  Angus  in  the  same 
manner  was  received  by  the  ministers  of  Ivlearns  and  Angus. 

This  business  ended,  tljre  king,  for  repressing  the  barbarous 
feuds  which  abounded  at  that  time  in  the  north  parts,  sent  a 
commission  to  the  bishop  of  Aberdeen,  with  concurrence  of 
Sir  Patrick  Murray  and  some  ministers,  for  taking  up  their 
quarrels,  and  with  charges  to  cause  the  parties  give  assurance 
one  to  another,  which  should  endure  to  the  first  of  April  in 
the  year  1598.  The  feuds  mentioned  in  the  instructions 
sent  to  Sir  Patrick  Murray,  were  the  feuds  betwixt  the  earl 
of  Huntly  and  Lord  Forbes,  the  earl  of  Erroll  and  the  laird 
of  Ludqharne,  the  laird  of  Drum  and  young  Frcndraught, 
with  a  number  more.  But  the  most  deadly  and  dangerous, 
betwixt  the  families  of  Huntly  and  Murray,  the  king  reserved 
to  be  his  own  v.'ork,  and  ceased  not  till  the  same  was  removed, 
and  a  friendship  made  up  by  marriage,  which  should  in  all 
reason  be  most  lasting.  Those  others  were  by  the  diligence 
of  the  bishop  and  ministers  settled,  and  so  the  north  parts 
reduced  unto  quietness. 

In  the  end  of  June  the  king  called  the  commissioners  of 
the  Assembly  to  a  meeting  at  Falkland ;  where  amongst  other 
business  a  complaint  was  preferred  by  Mr  John  Lindsay  of 
Balcarres,  secretary,  against  Mr  Robert  Wallace,  minister 
at  St  Andrews,  for  certain  injurious  speeches  uttered  in  his 
sermons,  having  called  him  a  briber,  and  said,  "  That  albeit 
he  had  made  conquest  of  fifty  chalders  victual  in  Fife,  and 
built  a  house  to  the  skies,  yet  his  posterity  should  beg  their 
bread,  which  some  of  his  auditors  should  sec ;  and  that  it  was 
doubtful  ifever  God  should  grant  him  repentance."  The  secre- 
tary had  complained  of  this  to  the  presbytery,  but  they  refused 
to  admit  his  accusation,  unless  the  same  was  assisted  by  two 
witnesses,  who  could  affirm  that  the  accuser  had  just  cause  to 
pursue  the  complaint,  which  they  alleged  to  be  the  apostle's 
canon  in  the  First  Epistle  to  Timothy,  ch.  5,  v.  19,  and 
showed  themselves  so  partially  affected,  as  he  was  forced  to 
pursue  the  complaint  before  his  mnjesty  and  the  commissioners. 


A.  D.   1597.]  CHURCH  OF  SCOTLAND.  63 

IMr  Wallace  being  summoned  to  that  diet,  and  desired  to 
answer  to  the  complaint,  refused  to  acknowledge  the  judg- 
ment, alleging,  "  That  the  General  Assembly  had  given  them 
no  commission  in  that  particular,  and  that  the  accusation  once 
intended  before  the  presbytery  of  St  Andrews  ought  to  have 
been  orderly  taken  out  of  their  hands,  which  was  not  done. 
This  declinator  being  proponed,  compeared  Mr  NicoU  Dal- 
gleish,  moderator  of  the  presbytery,  and  in  their  name  pro- 
tested against  the  proceedings  of  the  commissioners  in  that 
cause,  as  being  once  intended  before  them,  seeing,  by  that 
form  of  doing,  ail  the  presbyteries  of  Scotland  should  be  pre- 
judged, and  that  the  General  Assembly,  of  whom  they  had 
their  commission,  would  not  take  unto  them  the  trial  of  any 
cause,  with  a  neglect  of  the  inferior  judicatories."  "  Then," 
said  the  king,  '•'  I  will  hkewise  protest,  that  seeing  one  of  the 
principal  motives  which  induced  me  to  crave,  and  the  General 
Assembly  to  yield  unto  this  commission,  was  to  have  the  like 
of  these  offences,  when  they  did  arise,  removed,  and  justice 
done  by  the  ministers  themselves,  rather  than  to  be  brought 
before  the  council,  ye  will  either  proceed  in  examining  the 
complaint,  and  do  that  which  is  right,  or  hold  me  excused  if 
1  take  order  with  it  by  another  form  that  will  not  please  you 
so  well." 

The  commissioners  having  advised  the  reasons  of  the  de- 
chnator  and  protestation,  did  find  them  all  invalid  and  of  no 
force,  and  that  they  had  warrant  sufficient  to  proceed  and 
minister  justice  in  that  action,  as  well  in  respect  of  the  general 
power  contained  in  their  commission,  as  of  the  particular  com- 
mended to  their  care  in  the  planting  of  the  church  of  St 
Andrews.  So  the  complaint  was  admitted,  and  the  fifth  of 
July  appointed  at  St  Andrews  for  trying  the  same. 

At  the  day  the  secretary  compearing,  accompanied  with 
Mr  Robert  Mauld,  commissar  of  St  Andrews,  and  John 
Arnot,  clerk  to  the  commissariat,  (whom  he  produced  as 
assisting  witnesses  to  take  away  the  presbytery's  exception,) 
did  insist  in  his  complaint.  Mr  Wallace  being  asked  if  he 
had  any  thing  to  oppose  against  the  witnesses,  refused  to 
answer  in  respect  of  his  declinator ;  whereupon  they  were 
admitted,  and  upon  oath  declared  that  they  knew  the  accu- 
sation to  be  just,  and  that  the  secretary  had  not  intended  the 
same  of  any  purpose  to  calumniate  or  slander  the  said  Mr 


64  THE  HISTORY  OF  THE  [a.  u.   1597. 

Robert,  but  only  to  be  repaired  to  bis  credit  and  bouour, 
as  one  wbo  bad  been  greatly  wronged  by  him.  Tbe  wit- 
nesses for  probation  being  then  called,  and  Mr  Wallace  in- 
quired if  he  had  any  exception  against  them,  refused,  as  be- 
fore, to  answer.  So  they  likewise  were  received,  and  being 
sworn,  deponed,  that  they  heard  the  said  Mr  Wallace  utter 
the  words  complained  of  in  his  sermon.  Not  the  less  the 
commissioners  for  their  better  information  did  think  it  meet 
to  call  his  auditors  of  the  university,  who  were  of  better 
judgment,  and  could  truly  relate  what  they  heard.  The 
masters  of  the  new  college  refusing  to  give  any  testimony,  in 
respect  of  the  presbytery's  protestation  at  Falkland,  all  the 
rest  affirmed  what  the  witnesses  had  deponed.  After  which, 
Mr  Wallace  being  again  called,  and  desired  to  show  what 
reason  or  warrant  he  had  for  uttering  such  speeches,  refused 
still  to  make  answer ;  nor  could  any  persuasion  break  his 
obstinacy,  though  he  was  earnestly  laboured  by  JNIr  Robert 
RoUock  and  Mr  James  Melvill  apart,  who  did  offer,  upon 
the  confession  of  the  fault,  that  the  process  should  cease. 

The  commissioners  seeing  no  way  to  eschew  the  pronoun- 
cing of  sentence,  in  regard  of  his  obstinacy,  did  yet  take 
counsel  to  visit  the  church,  and  inquire  both  of  his  and  Mr 
Blake's  behaviour  in  that  ministry,  before  they  went  farther. 
A  visitation  for  this  effect  being  appointed  the  eleventh  of 
July,  and  Mr  Blake  summoned  to  the  same  day,  the  elders 
and  deacons  of  the  Church  were  inquired  touching  the  be- 
haviour of  them  both,  and  the  verity  of  the  accusations  laid 
against  them ;  who  all  upon  oath  deponed  that  the  accusa- 
tions were  true,  and  that  Blake  had  spoken  all  that  whereof 
he  was  convicted  before  the  council ;  as  also  that  the  secre- 
tary's complaint  of  Mr  Wallace  was  most  just.  And  being 
asked  touching  their  behaviour  otherwise,  they  declared  that 
both  the  one  and  the  other  were  given  to  factions,  and  that 
they  did  not  carry  themselves  with  that  indifferency  Avhich 
became  preachers. 

This  declaration  made  clear  way  to  the  commissioners  for 
ending  that  business,  and  providing  St  Andrews  with  a  more 
peaceable  ministry  ;  whereupon  sentence  was  given  that  both 
the  ministers  should  be  removed,  and  Mr  George  Gladstanes 
(a  man  sufficiently  qualified,  serving  then  at  Arbirlot  in 
Angus)  translated  and  placed    in  their  room,  till  anotlicr 


A.  D.  1597.]  CHURCH  OF  SCOTLAND.  65 

helper  might  be  found  out  to  be  joined  with  him.  This  done, 
the  Sunday  following  he  was  accepted  of  the  people  with  a 
great  applause,  Mr  Thomas  Buchanan,  Mr  James  Nicholson, 
and  Mr  James  Mclvill  enterinoj  him  to  the  charge. 

And  because  it  concerned  the  peace  of  the  Church  no  less 
to  have  the  abuses  of  the  university  reformed,  the  king  call- 
ing the  governors  thereof,  and  inquiring  what  order  they 
kept ;  when  he  understood  that,  against  the  accustomed  form, 
Mr  Andrew  Melvill  had  continued  rector  a  number  of  years 
together,  he  commanded  a  new  election  to  be  made,  and 
honouring  the  election  with  his  own  presence  in  the  schools 
of  St  Salvator,  ]Mr  Robert  Wilkie,  principal  of  St  Leonards, 
was  chosen  rector,  and  appointed  to  bear  that  charge  unto 
the  ordinary  time  of  election.  As  also,  for  preventing  the 
Hke  disorders,  a  statute  was  made,  "  That  none  should  be 
continued  rector  above  a  year,  nor  admitted  to  the  said  office 
but  after  the  space  of  three  years."  It  was  likewise  declared, 
"  That  any  suppost,  having  received  the  degree  of  a  Master 
of  Arts,  might  be  chosen  rector,  he  residing  in  the  university 
during  his  office,  or  at  least  the  most  part  of  the  time." 

In  the  new  college,  whereof  the  said  Mr  Andre\»  had  the 
charge,  all  things  were  found  out  of  order ;  the  rents  ill 
husbanded,  the  professions  neglected,  and,  in  place  of  divinity 
lectures,  politic  questions  oftentimes  agitated  :  as,  "  Whether 
the  election  or  succession  of  kings  were  the  better  form  of 
government  ?  How  far  the  royal  power  extended  ?  and.  If 
kings  might  be  censured  for  abusing  the  same,  and  deposed 
by  the  Estates  of  tlie  kingdom  ?"  The  king,  to  correct  these 
abuses,  did  prescribe  to  every  professor  his  subject  of  teach- 
ing, appointing  the  first  master  to  read  the  common  places 
to  the  students,  with  the  law  and  history  of  the  Bible ;  the 
second  to  read  the  New  Testament ;  the  third  the  Prophets, 
with  the  Books  of  Ecclesiastes  and  Canticles  ;  and  the  fourth 
the  Hebrew  Grammar,  with  the  Psalms,  the  Proverbs,  and 
the  Book  of  Job. 

For  the  better  husbanding  of  the  rents,  as  well  in  that  as 
in  the  other  colleges,  it  was  ordained,  "  That  there  should 
be  a  council  chosen  to  the  university,  which  should  have 
power  to  elect  an  ceconomus  in  every  college  for  uplifting  the 
rents,  and  take  care  to  see  all  things  rightly  administrated." 
Of  this  council  were  named  the  chancellor  of  the  university, 

VOL.  in.  5 


66  THE  HISTORY  OF  THE  [a.  D.  1597. 

the  conservator  of  the  privileges,  the  laird  of  Colluthie, 
Mr  David  Lindsay,  Mr  Robert  Rollock,  and  Mr  Thomas 
Buchanan ;  without  whose  consent  and  subscriptions  it 
should  not  be  lawful  to  set  any  lease,  or  make  other  dispo- 
sition whatsoever  of  any  part  of  their  rents. 

And,  lest  they  should  be  distracted  by  any  other  employ- 
ment, it  was  concluded,  "  That  all  the  doctors,  professors, 
and  regents,  not  being  pastors  in  the  Church,  should  be  ex- 
empted from  the  keeping  of  sessions,  presbyteries,  synodical 
or  general  assemblies,  and  from  all  teaching  in  churches  and 
congregations,  exercises  excepted;  with  a  discharge  to  all 
and  every  one  of  them,  to  accept  any  commission  prejudicial 
to  the  said  exemption,  under  the  pain  of  deprivation  and 
rebellion,  at  the  conservator's  instance,  the  one  execution 
not  prejudging  the  other."  Yet,  that  they  should  not  be 
thought  excluded  from  the  General  Assembly,  it  was  ap- 
pointed, "  That  the  masters  and  regents  of  the  university 
should  meet  when  any  such  occasion  did  offer,  and  condescend 
upon  some  three  persons,  of  whom  one  should  be  elected  by 
the  foresaid  council,  to  be  present  at  the  General  Assembly 
for  that  year ;  which  person  so  chosen  should  not  for  the 
space  of  three  years  thereafter  be  employed  in  that  commis- 
sion." These  articles  being  openly  recited  in  presence  of 
his  majesty,  and  of  the  whole  members  of  the  university, 
were  accepted  by  the  masters  and  regents,  with  solemn  pro- 
mise of  obedience. 

This  summer  there  was  a  great  business  for  the  trial  of 
witches.  Amongst  others  one  Margaret  Atkin,  being  appre- 
hended upon  suspicion,  and  threatened  with  torture,  did  con- 
fess herself  guilty.  Being  examined  touching  her  associates 
in  that  trade,  she  named  a  few,  and  perceiving  her  delations 
find  credit,  made  offer  to  detect  all  of  that  sort,  and  to  purge 
the  country  of  them,  so  she  might  have  her  life  granted.  For 
the  reason  of  her  knowledge,  she  said,  "  Tliat  they  had  a 
secret  mark  all  of  that  sort,  in  their  eyes,  whereby  she  could 
surely  tell,  how  soon  she  looked  upon  any,  whether  they 
were  witches  or  not :"  and  in  this  she  was  so  readily  bcUeved, 
that  for  the  space  of  three  or  four  months  she  was  carried 
from  town  to  town  to  make  discoveries  in  that  kind.  Many 
were  brought  in  question  by  her  delations,  especially  at  Glas- 
gow, where  divers  innocent  women,  through  the  credulity  of 


A.  D,  1597.]  CHURCH  OF  SCOTLAND.  67 

the  minister,  Mr  John  Cowper,  were  condemned  and  put  to 
death.  In  end  she  was  found  to  be  a  mere  deceiver  (for  the 
same  persons  that  the  one  day  she  had  declared  guilty,  the 
next  day  being  presented  in  another  habit  she  cleansed),  and 
sent  back  to  Fife,  where  first  she  was  apprehended.  At  her 
trial  she  affirmed  all  to  be  false  that  she  had  confessed,  either 
of  herself  or  others,  and  persisted  in  this  to  her  death  ;  which 
made  many  forthink  their  too  great  forwardness  that  way, 
and  moved  the  king  to  recall  the  commissions  given  out  against 
such  persons,  discharging  all  proceedings  against  them,  except 
in  case  of  voluntary  confession,  till  a  solid  order  should  be 
taken  by  the  Estates  touching  the  form  that  should  be  kept 
in  their  trial. 

In  the  borders,  at  the  same  time,  great  troubles  were 
raised  by  the  broken  men  of  Tindale  and  Readsdale,  who 
made  incursions  on  the  Scots  side,  and  wasted  all  the  country 
of  Liddisdale.  The  laird  of  Buccleuch,  that  had  the  keeping 
of  those  parts,  to  be  repaired  of  that  wrong,  made  a  roade 
into  England,  and  apprehending  thirty -six  of  the  doers,  put 
them  all  to  death,  and  brought  away  a  great  spoil.  Sir 
William  Bowes  being  sent  to  complain  of  this,  after  much 
debating  it  was  agreed,  that  for  keeping  peace  in  the  borders, 
hostages  should  be  delivered  of  either  side.  Englishmen  into 
Scotland,  and  as  many  Scots  into  England.  But  Buccleuch, 
faihng  to  deliver  his  in  due  time,  was  commanded,  for  satis- 
fying the  queen,  to  enter  himself  into  England,  as  he  did, 
remaining  there  from  October  to  February  next. 

In  the  month  of  December  a  parliament  was  held  at  Edin- 
burgh, for  restoring  the  forfeited  lords  to  their  lands  and 
honours.  Amongst  the  articles  presented  to  this  meeting 
by  the  commissioners  of  the  Church,  one  was,  "  That  the 
ministers,  as  representing  the  Church  and  Third  Estate  of 
the  kingdom,  might  be  admitted  to  give  voice  in  parliament, 
according  to  the  acts  made  in  favours  of  the  Church,  and  the 
liberty  and  freedom  thereof."  The  king  was  earnest  to  have 
the  article  granted,  and  at  last  obtained  an  act  to  be  made, 
whereby  it  was  declared,  "  That  such  pastors  and  ministers 
as  his  majesty  should  please  to  provide  to  the  place,  title,  and 
dignity  of  a  bishop,  abbot,  or  other  prelate,  at  any  time, 
should  have  voice  in  parliament  as  freely  as  any  other  eccle- 
siastical  prelate   had   at  any  time  bypast.      And   that  all 


68  THE  HISTORY  OF  THE  [a.  D.  1598. 

bishoprics  then  in  his  majesty's  hands,  and  undisponed  to  any 
person,  or  which  should  liappen  to  fall  void  thereafter,  should 
be  only  disponed  to  actual  preachers  and  ministers  in  the 
Church,  or  to  such  other  persons  as  should  be  found  apt  and 
qualified  to  use  and  exerce  the  office  of  a  preacher  or  minister, 
and  who,  in  their  provisions  to  the  said  bishoprics,  should 
accept  in  and  upon  them  to  be  actual  pastors  and  ministers, 
and  according  thereto  should  practise  and  exerce  the  same." 
As  concerning  the  office  of  the  said  persons  in  the  spiritual 
policy  and  government  of  the  Church,  the  same  was  remitted 
to  his  majesty  to  be  advised  and  agreed  upon  with  the  Gene- 
ral Assembly,  at  such  time  as  his  highness  should  think  ex- 
pedient to  treat  with  them  thereupon;  without  prejudice  in 
the  meantime  of  the  jurisdiction  and  discipline  of  the  Church, 
established  by  acts  of  parhament,  and  permitted  to  general 
and  provincial  assemblies,  and  other  presbyteries  and  sessions 
of  the  Church. 

This  act  gave  occasion  to  the  indicting  of  a  General  As- 
sembly, which  convened  at  Dundee  in  March  next ;  where 
the  king  being  present,  did  show,  "  That  he  had  anticipated 
the  time  of  the  Assembly  (for  the  appointment  was  at  Stir- 
ling, the  first  Tuesday  of  May),  that  he  might  be  resolved 
touching  their  acceptation  of  the  place  in  parliament,  with 
the  form,  manner,  and  number  of  persons  that  should  be 
admitted  to  have  voice  ;  and  thereupon  desired  them  to  enter 
into  a  particular  consideration  of  the  whole  points  of  the  act ; 
and  first  to  reason  whether  it  was  lawful  and  expedient  that 
the  ministers,  as  representing  the  whole  Clmrch  within  the 
realm,  should  have  voice  in  parliament  or  not. 

This  question  being  long  debated,  first  in  private  by  some 
brethren  selected  to  that  purpose,  then  in  the  hearing  of  the 
whole  Assembly,  it  was  concluded,  "  That  ministers  might 
lawfully  give  voice  in  parliament,  and  other  pubhc  meetings 
of  the  Estate,  and  that  it  was  expedient  to  have  some  always 
of  that  number  present,  to  give  voice  in  name  of  the  Church." 
A  second  question  being  moved,  touching  the  number  of 
those  that  should  have  voice,  it  was  agreed,  "  That  so  many 
should  be  appointed  to  give  voice  as  of  old  had  place  in  the 
papistical  church,  to  wit,  fifty-one  persons,  or  thereby." 

Thirdly,  touching  the  election  of  those  that  should  have 
voice,  it  was  resolved,  "  That  the  same  did  appertain  partly  to 


A.  D.  1598.]  CHURCH  OF  SCOTLAND.  69 

his  majesty,  aud  partly  to  the  Church."  And,  because  time 
could  not  permit  the  discussing  of  the  rest  of  the  points,  as 
de  modo  eUgendi,  what  rent  those  ministers  should  have, 
whether  they  should  continue  in  that  office  ad  vitam  or  not, 
what  their  title  should  be,  and  the  cautions  to  preserve  them 
from  corruption,  with  other  the  like  circumstances,  the  pres- 
byteries were  desired  to  consider  the  same  throughly,  and 
thereafter  to  meet  in  their  synods  all  upon  one  day,  to  wit, 
the  first  Tuesday  of  June ;  and  having  reasoned  upon  these 
heads,  to  direct  three  of  their  number  to  convene  with  his 
majesty  (the  advertisement  being  upon  a  month  at  least),  and 
with  the  doctors  of  the  universities,  namely,  Mr  Andrew 
Melvill,  Mr  John  Johnstone,  Mr  Robert  Wilkie,  Mr  Robert 
Rollock,  Mr  Robert  Howie,  Mr  Patrick  Sharpe,  and  Mr 
James  Martin,  at  such  time  and  place  as  his  majesty  should 
think  most  convenient ;  with  power  to  them  being  so  con- 
vened to  treat,  reason,  and  confer  upon  the  said  heads,  and 
others  appertaining  thereto :  and  in  case  of  agreement  and 
uniformity  of  opinions,  to  conclude  the  whole  question  touch- 
ing voice  in  parliament ;  otherwise  in  case  of  discrepance,  to 
remit  the  conclusion  to  the  next  General  Assembly. 

The  commissioners'  proceedings  in  the  planting  of  the 
church  of  St  Andrews  were  at  the  same  time  ratified ;  but 
the  provision  of  Edinburgh,  which  they  had  likewise  con- 
cluded, made  greater  business.  The  king  had  been  induced 
by  the  humble  entreaty  of  Mr  David  Lindsay,  Mr  Robert 
Rollock,  and  Mr  Patrick  Galloway,  to  suffer  the  old  ministers 
to  preach  again  in  their  places,  upon  their  faithful  promises 
to  observe  the  conditions  following  : — 

1 .  That  they  should  not  in  pulpit  make  any  apology  for 
themselves  farther  than  to  say,  that  they  had  satisfied  his 
majesty  touching  their  intentions  in  the  day  of  the  tumult, 
and  that  they  condemned  the  raisers  thereof,  and  all  that 
took  arms,  or  gave  command  or  allowance  thereunto,  praising 
the  calm  and  clement  course  his  majesty  hath  taken  in  cen- 
suring the  same. 

2.  That  they  should  at  no  time  thereafter  tax,  quarrel,  or 
reproach,  directly  or  indirectly,  privately  or  publicly,  any 
inhabitant  of  Edinburgh  that  did  show  themselves  affectionate 
to  his  majesty  ;  and  if  any  of  them  should  happen  to  fall  in 


70  THE  HISTORY   OF  THK  [a.  D.   1598. 

any  offence  meriting  the  censure  of  the  church  discipline,  they 
should  in  the  trial  and  censuring  thereof  use  them  indiffer- 
ently, as  if  they  had  never  kithed  contrary  to  the  said 
ministers. 

8.  That  they  should  not  in  pulpit  speak  otherwise  than 
reverently  of  his  majesty's  council  and  their  proceedings,  and 
in  their  sermons  labour  to  imprint  in  the  people's  hearts  a 
reverent  conceit  of  his  majesty  and  his  actions,  so  far  as  in 
them  lies ;  and  whenas  they  should  hear  any  slanderous  or 
offensive  reports  of  his  majesty  or  of  any  of  his  councillors,  his 
or  their  intentions  or  proceedings,  they  should  address  them 
in  all  humility  to  his  majesty,  and  with  due  reverence  make 
him  acquainted  with  the  reports,  receiving  his  majesty's  own 
declaration  therein,  whereunto  they  should  give  credit,  and 
generally  should  conform  themselves  to  the  order  set  down 
in  the  late  General  Assembly  thereanent. 

4.  That  they  should  never  hereafter  refuse  to  give  account 
of  any  of  their  speeches  in  pulpit,  or  of  their  proceedings 
elsewhere ;  but  when  his  majesty  should  require  the  same, 
they  should  plainly  declare  the  truth  of  that  they  should  be 
asked,  in  all  humbleness  and  simplicity,  without  claiming  to 
the  general  warrant  of  conscience  not  founded  upon  reason. 

The  ministers  upon  these  conditions  being  licensed  to 
preach,  and  the  town  going  on  in  dividing  themselves  in 
parishes,  as  they  had  promised,  a  leet  was  presented  of  some 
twelve  persons,  out  of  which  number  the  commissioners  of 
the  Church  were  to  elect  four,  besides  the  old  ministers,  to 
bear  charge  in  that  ministry,  having  his  majesty's  approba- 
tion. The  four  on  whom  the  choice  fell,  were  Mr  Robert 
Rollock,  principal  of  the  College  of  Edinburgh ;  Mr  John 
Hall,  minister  at  Leitli ;  Mr  Peter  Hewat,  and  Mr  George 
Robertson.  Against  the  two  last  exception  was  taken  be- 
cause of  their  youth,  and  that  they  were  not  men  of  that 
gravity  which  was  required  in  ministers  of  such  a  place.  Yet 
the  commissioners,  after  trial  taken  of  their  quaUfication, 
proceeded,  and  decerned  all  the  four  to  be  admitted. 

Hereof  the  old  ministers  complained,  with  whom  the  Synod 
of  Lothian  joined,  who  repaired  in  great  numbers  to  the 
Assembly,  thinking  to  carry  the  matter  by  voices ;  but  when 
after  a  long  contestation  it  came  to  be  judged,  the  decreet  of 


A.  O.  1598,]  CHURCH  OF  SCOTLAND.  71 

the  commissioners  was  approved,  and  a  new  commission  given 
to  Mr  David  Lindsay,  Mr  Robert  Pont,  Mr  Robert  Rol- 
lock,  Mr  George  Gladstanes,  Mr  Patrick  Galloway,  Mr 
James  Nicholson,  Mr  Thomas  Buchanan,  and  Mr  John 
Duncanson,  to  place  the  ministers  in  their  several  parishes ; 
or  if  any  should  refuse  to  accept,  to  depose  them  from  the 
function  of  the  ministry,  and  plant  the  Church  with  such 
others  as  they  should  think  meet. 

Meanwhile,  because  of  the  numbers  that  came  from  Lothian, 
an  act  was  made,  "  That  no  presbytery  should  thereafter 
send  above  two  or  three  ministers  at  most  in  commission  to 
the  Assembly,  with  one  baron  of  the  bounds,  and  one  com- 
missioner from  every  burgh,  Edinburgh  excepted,  who  in  all 
public  meetings  were  allowed  to  have  two." 

About  the  end  of  the  Assembly,  a  motion  was  made  for 
removing  all  offences  conceived  by  his  majesty  against  any  of 
the  ministers,  and  particularly  against  the  ministers  of  Edin- 
burgh ;  whereupon  the  king  was  pleased  to  declare,  "  That 
for  any  offences  past  he  did  freely  remit  them,  and  should 
never  at  any  time  call  the  same  to  mind,  in  hope  they  would 
so  behave  themselves  in  time  coming,  as  they  should  still 
deserve  his  good  opinion."  And  so  did  this  meeting  close 
with  the  great  content  of  all ;  Mr  John  Davidson  only,  a 
man  given  to  contention,  finding  that  things  went  not  to  his 
mind,  especially  in  the  planting  of  Edinburgh,  to  the  ministry 
whereof  he  was  always  aspiring,  did  protest  in  his  own  name 
and  in  the  name  of  certain  other  brethren,  "  That  none  of  the 
conclusions  taken  in  that  Assembly  should  be  of  any  force,  in 
regard  the  same  was  not  a  free  Assembly,  but  overawed  by 
the  king."  The  moderator  inquiring  if  any  of  the  brethren 
would  adhere  to  his  protestation,  none  was  found,  all  con- 
demning it,  and  the  uncivil  form  he  used  in  making  the  same. 
He  himself,  as  his  custom  was  when  he  made  any  such 
trouble,  fled  away,  and  lurked  a  while,  till  his  peace  was  again 
made. 

It  was  now  thought  that  the  planting  of  Edinburgh  should 
receive  no  more  delay,  yet  a  new  impediment  cast  in  made 
no  less  ado  than  the  former.  Mr  Robert  Bruce  had  preached 
ordinarily  in  the  town  some  ten  years,  but  had  not  received 
ordination  to  the  ministry  ;  and  being  urged  therewith,  re- 
fused, pretending  the  approbation  of  the  General  Assembly 


72  THE  HISTORY  OF  THE  [a.  D.  1598. 

to  be  equivalent  to  an  ordination.  It  was  replied,  "  That 
the  approbation  he  had  of  the  Church  was  a  license  only  to 
preach ;  but  being  now  to  receive  an  office,  it  concerned  them 
to  observe  the  form  prescribed  by  divers  acts."  But  this  not 
satisfying,  he  denied  to  yield  in  an  iota  to  that  which  might 
question  his  former  calling.  And  albeit  it  was  offered  to  be 
declared  at  his  entry,  "  That  the  ordination  they  used  was 
not  to  question  his  former  calHug,  but  rather  to  allow  and 
confirm  the  same ;"  he  would  not  be  content,  except  the 
declaration  was  given  him  in  writing.  This  also  yielded  unto, 
a  new  difference  arose  among  them  upon  the  form  of  the 
declaration ;  the  commissioners  offering  to  declare  the  law- 
fulness of  his  calling,  and  that  the  imposition  of  hands  they 
were  to  use  was  not  given  him  as  a  new  entrance  to  the 
ministry,  but  as  one  that  was  taken  to  be  entered  to  the  charge 
of  a  particular  flock ;  he  requii'ing  to  have  it  expressly  said, 
"  That  they  did  acknowledge  him  a  lawful  pastor  of  Edin- 
burgh, as  being  called  by  the  general  Church  thereto." 

Ten  days  and  more  were  spent  in  the  setting  down  of  this 
form ;  and  after  many  alterations  at  last  they  came  to  agree 
on  this,  "  That  the  commissioners  did  acknowledge  his  calling 
to  be  a  pastor  in  Edinburgh  lawful,  and  that  the  imposition 
of  hands  was  not  used  as  a  ceremony  of  his  ordination  to  the 
ministry,  but  of  his  ordination  to  a  particular  flock."  The 
declaration  thus  formed,  a  day  was  appointed  for  his  admis- 
sion, and  Mr  Robert  Pont,  Mr  Thomas  Buchanan,  aud  INIr 
James  Nicholson,  chosen  to  perform  the  same.  Mr  Robert 
Pont  having  preached,  and  beginning  to  show  what  was  the 
business  they  met  for,  Mr  Robert  Bruce  arose,  and  stepping 
into  the  pulpit,  fell  a-complaining  of  the  strict  forms  where- 
with the  commissioners  had  used  him  ;  which  the  people 
hearing,  such  a  tumult  was  raised,  as  to  all  appearance  the 
ministry  that  was  to  use  the  imposition  of  hands  had  been  in 
danger,  if  the  commissioner  INIr  John  Nicholson,  a  man  well 
respected  (being  there  as  one  of  the  elders,  to  testify  the 
Church's  consent  to  his  admission),  had  not  by  his  wise  and 
grave  speeches  reduced  them  to  quietness.  Always  the 
business  was  put  off  for  that  time. 

The  king  advertised  of  this  was  greatly  offended,  and  com- 
manded the  commissioners  to  cite  Mr  Robert  Bruce,  and 
censure  him  for  the  trouble  he  had  made.     He  compearing 


A.  D.  1598.]  CHURCH  OF  SCOTLAND.  73 

excused  himself,  laying  the  blame  on  the  people  ;  and  being 
charged  under  pain  of  deprivation  to  give  obedience,  and 
accept  the  charge  after  the  form  prescribed,  was  upon  the 
ninth  of  IMay,  the  day  assigned  for  his  acceptation,  admitted 
by  Mr  David  Lindsay  and  Mr  Alexander  Douglas  with  im- 
position of  hands.  Thus  ended  that  business,  which  made 
more  noise  than  was  needful,  and  was  judged  to  proceed 
rather  of  wilfulness  on  his  part  than  of  any  good  zeal. 

The  day  appointed  for  the  synod  drawing  near,  the  king 
sent  William  Melvill,  commendator  of  Tongland,  and  Sir 
Patrick  Murray  to  attend  the  Assembly  of  Fife,  where  it 
was  supposed  some  new  stirs  should  be  made.  The  com- 
mission given  them  was,  not  to  suffer  any  of  the  conclusions 
taken  in  the  last  General  Assembly  to  be  drawn  in  question, 
and  to  see  that,  in  the  other  heads  left  undecided,  nothing 
should  be  concluded  definitive.  But  they  found  the  synod 
more  peaceable  than  was  expected,  and  all  things  carried 
therein  to  the  king's  mind,  Mr  Thomas  Buchanan,  Mr 
George  Gladstanes,  and  Mr  John  Fairfoul  being  chosen 
commissioners  for  meeting  with  those  that  should  be  sent 
from  the  other  synods. 

The  report  of  this  gave  the  king  hopes  of  a  good  issue  to 
the  conference  intended ;  whereupon  letters  were  sent, 
desiring  the  doctors  of  the  universities  and  commissioners 
of  the  synod  to  be  at  Falkland  the  twenty-ninth  of  July. 
There,  after  a  long  deliberation,  it  was  with  an  unanime 
consent  agreed, — 

1.  Touching  the  manner  of  his  election  who  should  have 
voice  in  parliament,  that  the  Church  should  name  for  each 
prelacy  that  was  void  six  of  their  number,  of  whom  the  king 
should  take  one ;  ,or  if  his  majesty  did  not  like  any  of  those 
six,  that  as  many  others  should  be  recommended  by  the 
Church,  of  which  number  he  should  accept  one,  without  any 
more  refusal. 

2.  That  the  nomination  should  be  made  by  the  General 
i.\ssembly,  with  advice  of  the  synods  and  presbyteries,  who 
should  present  to  the  General  Assembly  in  writing  the 
names  of  the  persons  they  esteemed  fit,  and  have  liberty  to 
name  persons,  as  well  without  as  within  the  bounds  of  their 
jurisdiction :    providing  if  there  was  any  person  within  the 


74  THE  HISTORY  OF  THE  [a.  D.  1598t 

bounds  meet  and  qualified,  he  should  be  preferred,  ccBteris 
paribus. 

3.  Concerning  his  rent,  that  the  churches  being  sufficiently 
planted,  and  no  prejudice  done  to  schook,  colleges,  and  uni- 
versities already  erected,  he  should  be  provided  to  all  the 
rest  of  the  prelacy  whereunto  he  is  preferred. 

4.  The  cautions  to  preserve  him  from  corruption  should 
be  these  : 

1st,  That  he  should  not  propone  to  council,  convention,  or 
parhament,  in  name  of  the  Church,  any  thing  without 
express  warrant  and  direction  from  the  Church;  neither 
should  he  consent  nor  keep  silence  in  the  said  conventions, 
if  any  thing  was  moved  prejudicial  to  the  weal  and  hberty 
thereof,  under  pain  of  deposition  from  his  office. 

2d,  Next,  he  should  be  bound  to  give  an  account  of  his 
proceedings  in  the  discharge  of  his  commission  to  every 
General  Assembly,  and  obtain  their  ratification  of  the  same ; 
submitting  himself  to  their  judgment,  without  making  any 
appeal,  under  the  pain  of  infamy  and  excommunication. 

dd.  He  should  content  himself  with  that  part  of  his  bene- 
fice which  should  be  given  him  for  his  living,  and  not  hurt 
nor  prejudice  the  rest  of  the  ministers  within  his  benefice, 
planted  or  to  be  planted,  nor  any  other  minister  in  the 
country  whatsoever ;  and  this  clause  to  be  inserted  in  his 
provision. 

Aith,  He  should  not  dilapidate  his  benefice  in  any  sort,  nor 
make  any  set  or  disposition  thereof,  without  the  special  advice 
or  consent  of  his  majesty  and  the  General  Assembly :  and, 
for  the  greater  warrant,  should  interdict  himself  and  be  con- 
tent that  inhibition  be  raised  against  him  to  that  effect. 

bth,  He  should  be  bound  to  attend  the  congregation  faith- 
fully at  which  he  should  be  appointed  minister,  in  all  the 
points  of  a  pastor,  and  be  subject  to  the  trial  and  censure  of 
his  own  presbytery,  or  provincial  assembly,  as  any  other  of 
the  ministers  that  bear  no  commission. 

Qth,  In  the  administration  of  discipline,  collation  of  benefices, 
visitation,  and  other  points  of  ecclesiastical  government,  he 
should  neither  usurp  nor  claim  to  himself  any  more  power 
or  jurisdiction  than  any  of  his  brethren,  except  he  be  em- 
ployed, under  pain  of  deprivation ;  and  in  case  he  do  usurp 
any  part  of  the  ecclesiastical  government,  the  presbytery, 


A,  D.  1598.]  CHURCH  OF  SCOTLAND.  75 

synod,  or  General  Assembly  opposing  and  making  impedi- 
ment thereto,  whatsoever  he  should  do  thereafter  should  be 
null  ipso  facto,  without  any  declarator. 

7f/i,  In  presbyteries,  provincial  and  general  assembUes,  he 
should  behave  himself  in  all  things  as  one  of  the  brethren, 
and  be  subject  to  their  censure. 

%th.  At  his  admission  to  the  office  of  commissionary,  he 
should  swear  and  subscribe  all  these  and  other  points  neces- 
sary, otherwise  he  should  not  be  admitted. 

dth,  If  it  should  happen  him  to  be  deposed  from  the  ministry 
by  the  presbytery,  synod,  or  General  Assembly,  he  should 
loose  his  place  in  parliament,  and  the  benefice  be  void  ipso 
facto. 

10th,  That  he  should  be  called  commissioner  of  such  or  such 
a  place,  if  so  the  parliament  may  be  induced  by  his  majesty 
to  accept  that  title,  otherwise  the  General  Assembly  should 
consider  and  determine  the  same ;  as  also  how  long  he  should 
continue  in  office,  whether  ad  vitam,  except  some  offence 
make  him  unworthy,  or  for  a  shorter  space,  at  pleasure  of 
the  Church. 

It  was  neither  the  king's  intention  nor  the  minds  of  the 
wiser  sort  to  have  these  cautions  stand  in  force,  (for  to  sub- 
ject the  decrees  of  parliament  to  the  Assembly,  as  in  the 
second  caution,  or  to  interdict  churchmen,  as  in  the  fourth, 
and  serve  inhibitions  upon  them,  were  things  absurd ;)  but  to 
have  matters  peaceably  ended,  and  the  reformation  of  the 
policy  made  without  any  noise,  the  king  gave  way  to  these 
conceits,  knowing  that  with  time  the  utility  of  the  govern- 
ment which  he  purposed  to  have  established  would  appear, 
and  trusting  that  they  whom  he  should  place  in  these  rooms 
would  by  their  care  for  the  Church,  and  their  wise  and  good 
behaviour,  purchase  to  themselves  the  authority  which 
appertained. 

He  had  also  matters  of  greater  importance  in  hand,  which 
made  him  desire  to  be  settled  in  some  sort  with  the  Church ; 
for  in  June  preceding  he  had  directed  an  ambassage  to  the 
princes  of  Germany,  wherein  David  bishop  of  Aberdeen 
and  Sir  Peter  Young  his  eleemosynar,  men  of  good  abilities 
and  learning,  were  employed.  Their  commission  was,  to 
inform  the  princes  of  bis  right  and  title  to  the  crown  of  Eng- 


76  THE  HISTORY  OF  THE  [a.  D.  1598. 

land  after  the  death  of  the  queen  Ehzabcth,  and  to  request 
their  assistance,  if  he  should  stand  in  need  thereof.  The 
queen  was  then  stricken  in  years,  and  divers  libels  and 
pamphlets  divulged  against  his  title  to  that  crown,  Avhich 
made  him  careful  to  have  his  friends  rightly  informed,  and 
to  understand  what  aid  he  might  expect  if  opposition  should 
be  made.  "  Not  that  ho  minded  (this  they  were  willed  to 
declare)  to  wrong  or  offend  the  queen  in  any  sort,  whom  he 
bved  and  honoured  as  his  mother,  wishing  her  many  good 
and  happy  days,  but  only  to  strengthen  himself  against  un- 
just pretenders";  and  if  in  the  mean  time  they  should  be 
pleased  by  a  common  ambassage  to  entreat  the  queen  to 
declare  in  her  own  time  the  right  successor,  for  preventing 
the  plots  and  practices  of  enemies,  he  would  take  it  for  a 
singidar  friendship  at  their  hands." 

It  was  a  painful  ambassage,  and  by  them  faithfully  dis- 
charged; for  taking  their  journey  by  Denmark,  as  they 
were  directed,  and  receiving  letters  commendatory  from 
that  king  to  the  princes,  they  travelled  to  Udalrick  duke 
of  Mecklenburg,  Maurice  landgrave  of  Hesse,  Frederick 
duke  of  Saxony  and  administrator  of  the  electorate,  Henry 
duke  of  Brunswick,  John  Adolphe  diie  of  Sleswick,  and 
Joachim  marquis  of  Brandenburg ;  and  having  communicated 
their  message  to  them  all  severally,  returned  not  before 
the  end  of  the  year.  Of  all  the  princes  they  obtained 
one  answer  in  substance,  which  was,  "  That  albeit  his 
majesty's  right  was  not  unknown  unto  them,  they  did  esteem 
it  an  act  of  great  wisdom  in  him  to  make  his  friends 
acquainted  with  the  exceptions  taken  against  his  title,  that 
Avhen  occasion  required  nothing  might  be  wanting  that  lay  in 
their  power.  But  to  move  the  queen  for  declaring  her  suc- 
cessor, they  held  it  dangerous,  and  feared  it  should  not  so 
much  promove  the  business  as  offend  her.  Always  they 
should  advise,  and  take  counsel  with  their  confederates  and 
allies,  and  follow  the  course  which  was  most  likely  for  his 
benefit."     This  was  the  sum  of  the  answer  they  returned. 

The  twenty-fourth  of  December  the  queen  was  brought 
to  the  bed  of  another  daughter,  who  was  christened  in  the 
chapel  of  Halyrudhouse  the  fifteenth  of  April,  by  Mr  David 
Lindsay,  minister  of  Leith,  and  named  Margaret.  The  carl 
of  Montrose  (created  chancellor  in  January  preceding),  with 


A.  ».  1598.]  CHURCH  OF  SCOTLAND.  77 

the  Lord  Hamilton  and  carl  of  Huntly,  assisted  as  witnesses. 
These  last  two  were  at  the  same  time  preferred  to  the 
honour  and  dignity  of  marquises. 

There  died  within  the  compass  of  this  year  divers  worthy 
men,  amongst  whom  Mr  John  Lindsay  of  Balcarres,  secre- 
tary to  the  king,  shall  first  be  named ;  a  man  honourably 
descended,  of  exquisite  learning,  and  a  sound  judgment,  held 
worthy  by  all  men  of  the  place  he  had  in  the  senate,  both 
for  his  wisdom  and  integrity :  he  died  of  the  stone,  where- 
with he  had  been  pained  many  years. 

Next  to  him  Mr  David  Carnegy  of  CoUuthie,  a  wise, 
peaceable,  and  sober  man,  in  good  credit  and  estimation  with 
the  king,  and  taken  into  his  pi'ivy  council  for  his  skill  and 
knowledge  in  civil  affairs. 

And  in  the  Church,  Mr  Thomas  Buchanan,  provost  of 
Kirkheuch  and  minister  of  Ceres ;  a  man  learned,  wise,  and 
a  strong  defender  of  the  Church's  rights  :  having  attained 
to  a  good  age,  he  died  of  a  bruise  which  he  received  of  a  fall 
from  his  horse. 

David  Ferguson,  minister  of  Dunfermline,  of  the  age  of 
sixty-five,  departed  also  this  life  the  same  year ;  a  good 
preacher,  wise,  and  of  a  jocund  and  pleasant  disposition, 
which  made  him  well  regarded  both  in  the  court  and  country. 

But  the  death  of  Mr  Robert  Rollock,  taken  away  in  the 
forty-third  year  of  his  age,  and  in  the  time  when  the  Church 
had  greatest  need  of  his  service,  was  beyond  all  the  rest 
lamented.  This  man  was  born  not  far  from  Stirling,  and 
trained  up  in  letters  under  Mr  Thomas  Buchanan,  who  did 
then  keep  a  famous  school  in  that  town.  He  passed  his 
course  in  philosophy  at  St  Andrews,  and  no  sooner  received 
the  degree  of  a  Master  in  Arts,  than  he  was  chosen  regent 
of  the  college  of  St  Salvator,  where  he  had  studied.  In 
the  year  1583,  he  was  removed  to  Edinburgh,  and  made 
principal  of  a  college  which  the  town  had  there  erected ; 
where  by  his  lectures  of  divinity  in  the  schools,  and  his  ser- 
mons to  the  people  (in  both  which  he  was  assiduous),  he  came 
to  be  greatly  esteemed.  But  the  seventeen  days'  tumult  and 
troubles  that  followed  thereupon  withdrawing  him  against 
his  mind  to  the  keeping  of  assemblies  and  other  commissions 
of  the  Church,  he  was  thereby  much  weakened ;  for  he  was 
of  an  infirm  body,  and  grievously  pained  with  the  stone. 


78  THE  HISTORY  OF  THE        [a.  D.  1599. 

■whereof  at  last  he  died.  In  his  sickness,  being  visited  by  his 
brethren  of  the  ministry,  amongst  other  pious  exliortations, 
he  did  earnestly  beseech  them  to  carry  themselves  more 
dutifully  towards  the  king,  lamenting  he  should  be  so  ill  used 
by  some  of  their  number ;  and  gave  them  a  most  comfortable 
farewell.  His  torments  were  extreme,  yet  was  he  not  heard 
to  use  an  impatient  word,  but  was  still  calling  on  God,  with 
these  and  the  hke  sayings,  "  Haste,  Lord  Jesus,  and  tarry 
not,  put  in  thy  hand  and  take  this  soul  away  to  thyself." 
At  other  times,  "  Go  out,  silly  life,  that  the  better  life  of 
God  may  enter  in."  Drawing  near  his  end,  he  repeated  a 
part  of  the  sixth  psalm,  and  framing  a  most  pithy  prayer  out 
of  the  same,  as  one  exulting  after  victory,  he  cried  aloud, 
"  Christ  hath  taken  my  yoke  to  bear,  and  now  strengthened 
by  his  grace  I  will  follow ;"  with  which  words  he  yielded  up 
his  spirit.  A  rare  example  of  holiness  he  was  both  in  his 
life  and  death ;  albeit,  now  dead,  still  preacheth  by  liis  learned 
works,  which  it  is  pity  should  not  be  collected  in  one  volume, 
and  preserved  to  posterity.  He  deceased  the  last  of  Feb- 
ruary, and  had  his  corpse  honourably  interred  in  the  burial- 
place,  an  innumerable  multitude  of  people  accompanying  the 
same  to  the  grave. 

To  return  to  the  Estate  :  The  necessities  of  the  king  by 
foreign  ambassages  and  other  extraordinary  employments 
daily  increasing,  he  was  forced  to  look  the  more  nar- 
rowly to  the  administration  of  his  rents  ;  for  the  ill  managing 
whereof  the  laird  of  Wedderburn  was  put  from  his  place,  and 
the  office  of  controllery  given  to  Sir  David  Murray,  who  was 
afterwards  preferred  to  the  lordship  of  Scone.  The  prior 
of  Blantyre,  who  was  treasurer,  for  that  he  had  offended  the 
king  by  his  partial  behaviour  in  an  action  betwixt  Mr  Robert 
Bruce  and  the  ministers  of  Angus,  was  committed  in  the 
castle,  and  forced  to  resign  his  office,  which  was  conferred 
upon  the  earl  of  Cassils  by  his  lady's  procurement.  She 
was  the  widow  of  the  Lord  Thirlstane,  and  said  to  be  wealthy, 
which  induced  him  to  take  her  to  wife,  against  the  counsel  of 
all  his  friends,  who  could  not  away  with  the  imparity  of  their 
age,  he  being  a  young  nobleman  never  matched  to  any,  and 
she  a  woman  past  childbirth.  But  the  desire  he  had  to  keep 
his  estate  made  him  take  that  course ;  and  she  loving  to  stay 
at  court  and  have  her  husband  a  ruler  of  affairs,  made  offer 


A.  D.  1599.]  CHURCH  OF  SCOTLAND.  79 

to  advance  some  moneys,  so  as  he  might  carry  the  place, 
whicli  was  readily  accepted.  Yet  was  it  not  long  before  they 
did  both  forthink  the  bargain,  being  pressed  with  a  multitude 
of  precepts  for  the  laying  forth  of  money,  and  so  were  glad 
to  quit  the  office,  with  the  loss,  as  was  said,  of  forty  thousand 
marks,  which  he  did  advance  at  his  entry.  In  his  place  was 
the  Lord  Elphingston  chosen,  by  the  recommendation  of  his 
brother,  then  secretary. 

Whilst  these  things  were  adoing  in  com*t.  Sir  William 
Bowes  came  ambassador  from  England,  upon  some  rumours 
that  the  king  was  declining  to  popery,  and  had  offered  his 
obedience  to  the  bishop  of  Rome  by  a  letter,  the  copy  whereof 
was  brought  by  the  master  of  Gray  from  Rome,  and  showed 
to  the  queen,  of  purpose  to  divide  the  two  princes,  and  dis- 
solve the  amity  which  was  amongst  them. 

The  queen,  though  she  did  take  the  letter  to  be  feigned, 
and  that  the  same  was  devised  to  breed  a  jealousy  between 
her  and  the  king,  thought  meet  to  advertise  what  was  ru- 
moured, and  to  advise  him  not  to  build  upon  the  friendship  of 
Rome.  The  king  did  take  the  advertisement  well,  and  made 
the  ambassador  very  welcome,  assuring  him  that  these  were 
false  and  feigned  calumnies,  neither  did  the  king  think  any 
other  at  that  time.  Such  a  letter  indeed  was  sent  to  the 
pope,  and  the  king's  hand  surreptitiously  gotten  thereto,  for 
which  the  secretary,  Mr  James  Elphingston,  was  some  years 
after,  upon  his  own  confession,  convicted,  as  we  shall  hear. 

Whilst  this  ambassador  remained  in  the  country,  there 
fell  out  an  accident  which  had  almost  wrought  great  trouble. 
An  Englishman  called  Ashfield,  who  had  brought  some  hunt- 
ing-horses to  the  king,  and  cunningly  abused  the  English 
warden,  did  make  his  abode  at  court,  and  was  there  Avell 
entertained.  The  ambassador,  whether  desired  by  the  queen 
or  the  warden  it  is  uncertain,  caused  some  of  his  servants 
keep  company  with  the  man,  and  allure  him  one  day  to  Leith, 
where  having  drunk  liberally,  he  was  by  coach,  instead  of 
returning  to  court,  carried  to  Berwick.  This  being  told  the 
king,  he  was  greatly  offended,  and  giving  order  to  watch  the 
ambassador's  lodging,  sent  to  Berwick  to  bring  back  the  man. 
The  governor  prayed  the  king  to  have  him  excused,  for  that 
the  man  being  come  within  his  charge,  he  could  not  dimit 
him  without  the  queen's  knowledge. 


80  THE  HISTORY  OF  THE  [a.  D.  1599. 

The  king  receiving  this  answer,  did  challenge  the  ambas- 
sador, as  not  having  carried  himself  dutifully,  and  wronged 
both  him  and  the  country  :  but  he  denying  the  fact,  affirmed 
the  same  to  have  been  contrived  by  two  of  his  servants  with- 
out his  knowledge  and  direction.  This  none  did  believe, 
neither  did  the  king  vouchsafe  him  any  more  countenance. 
Whereupon  he  parted  in  a  great  discontent. 

Soon  after  the  king  went  to  St  Andrews  for  a  new  visit  of 
the  university,  where  it  was  ordained,  "  That  there  should 
be  yearly,  upon  the  third  of  March,  a  dean  of  faculty  of 
theology  elected  by  the  doctors,  the  ministers  resident  within 
the  city,  and  the  principal  masters  of  the  colleges ;  which 
dean  so  chosen  should  have  the  like  privilege  and  jurisdiction 
upon  the  students  and  professors  of  theology,  that  the  deans 
of  philosophy  had  by  the  foundation  over  the  professors 
thereof:  with  express  provision,  that  he  who  was  elected 
dean,  should  not  till  after  three  years  space  be  received  again 
into  the  office." 

Other  conclusions  were  also  taken  for  distributing  the  stu- 
dents of  theology  in  classes,  and  their  yearly  examination ; 
but  were  ill  observed. 

At  this  time  came  forth  sundry  discourses  touching  the 
succession  of  the  crown  of  England,  some  oppugning,  some 
maintainino'  the  king's  title.  Amongst  others  Mr  John  Col- 
vill,  taking  upon  him  one  of  the  opposite  treatises,  did  publish 
a  recantation,  wherein  having  confuted  all  the  contrary  rea- 
sons, he  professed,  that  of  malice  in  time  of  his  exile  he  had 
penned  the  treatise,  which  then  out  of  conscience  he  refuted. 
This  was  believed  of  many,  and  helped  greatly  to  discredit 
the  adversary  writings  ;  yet  was  he  not  the  author  of  that 
which  he  oppugned;  only  to  merit  favour  at  the  king's 
hands  he  did  profess  the  work  that  came  forth  without  a  name 
to  be  his :  and  indeed  a  more  pithy  and  persuasive  discourse 
was  not  penned  all  that  time  in  that  subject. 

The  same  year  did  the  king  publish  his  Doron  Basilicon 
upon  this  occasion.  Sir  James  Semplc,  one  of  his  majesty's 
servants  (whose  hand  was  used  in  transcribing  that  treatise), 
upon  an  old  familiarity  with  Mv  Andrew  Melvill,  did  give  it 
him  to  read ;  who  offending  with  some  passages  that  touched 
the  ministry  and  present  discipline,  took  copies  thereof,  and 
dispersed  the  same  amongst  the  ministers.     Thereupon  a 


A.  D,   1599.]  CIIUUCII  OF  SCOTLAND.  81 

libel  was  formed,  and  cast  in  before  the  synod  of  St  Andrews, 
wherein  the  passages  at  which  they  excepted  being  first  set 
down,  it  was  asked,  "  What  censure  should  be  inflicted  upon 
him  that  had  given  sudi  instructions  to  the  prince  (for  the 
treatise  was  directed  to  Prince  Henry),  and  if  he  could  be 
thought  well  aiFected  to  religion,  that  had  delivered  such 
precepts  of  government."  Sir  Patrick  Murray  and  Mr 
James  Nicholson  being  present  in  the  synod  as  commissioners 
for  the  king,  and  apprehending  the  libel  to  concern  his  ma- 
jesty, made  diligent  inquiry  to  find  out  the  presenters.  The 
whole  number  pretending  ignorance,  the  commissioners  com- 
manded the  doors  to  be  shut,  and  the  roll  of  the  ministers' 
names  to  be  called,  who  being  put  to  their  oath  one  by  one 
did  purge  themselves  ;  yet  was  it  tried  the  very  next  day  to 
be  laid  on  the  table  by  Mr  John  Dikes,  minister  at  Anstruther, 
who  being  therefore  cited  before  the  council,  was  fugitive  and 
denounced  rebel.  The  rumour  by  this  occasion  dispersed, 
that  the  king  had  left  certain  directions  to  his  son  prejudicial 
to  the  Church  and  religion,  he  took  purpose  to  publish  the 
work ;  which  being  come  abroad,  and  carried  to  England,  it 
cannot  be  said  how  well  the  same  was  accepted,  and  what  an 
admiration  it  raised  in  all  men's  hearts  of  him,  and  of  his 
piety  and  wisdom.  Certain  it  is,  that  all  the  discourses  that 
came  forth  at  that  time  (and  those  were  not  a  few),  for  main- 
taining his  right  to  the  crown  of  England,  prevailed  nothing 
so  much  as  did  this  treatise  against  which  such  exceptions 
had  been  taken. 

In  the  end  of  the  year  happened  some  new  jars  betwixt 
the  king  and  the  ministers  of  Edinburgh,  because  of  a  com- 
pany  of  English  comedians  whom  the  king  had  licensed  to 
play  within  the  burgh.  The  ministers  offending  with  the 
liberty  given  them,  did  exclaim  in  their  sermons  against 
stage-players,  their  unruliness  and  immodest  behaviour ;  and 
in  their  session  made  an  act  prohiiiiting  people  to  resort  unto 
their  plays  under  pain  of  the  Church  censm*es.  The  king- 
taking  this  to  be  a  discharge  of  his  license,  called  the  session 
before  the  council,  and  ordained  them  to  annul  their  act,  and 
not  to  restrain  the  people  from  going  to  th-o&Q  comedies,  which 
they  promised,  and  accordingly  performed  ;  whereof  pubHca- 
tion  was  made  the  day  after,  and  all  that  pleased  permitted 
to  repair  unto  the  same,  to  the  gr.cat  offence  of  the  ministers. 

VOL.   III.  6 


82  THE   HISTORY   OF  THE  [a.  D.   1600. 

The  next  year,  which  by  public  ordinance  was  appointed 
to  have  the  beginning  at  the  calends  of  January,  and  from 
thenceforth  so  to  continue  (for  before  that  time,  the  year  with 
us  was  reckoned  from  the  twenty-fifth  of  March),  there  was 
an  Assembly  kept  at  Montrose,  the  twenty-eighth  of  March, 
where  the  king  himself  was  present.     Therein  that  great 
business  of  the  Church's  voice  in  parliament  was  determined; 
and  first,  the  conclusions  taken  at  Falkland  in  July  1598 
were  ratified.     Then  touching  the  continuance  of  those  that 
should  be  chosen  to  give  voice  for  the  Church,  it  was,  after 
much  debating,  concluded,    '*  That  he  who  was  admitted 
should  yearly  render  an  account  of  his  commission  to  the 
General  Assembly,  and  kiying  the  same  down  at  their  feet, 
should  be  therein  continued ;  or  if  his  majesty  and  the  As- 
sembly did  think  it  fit  to  employ  another,  he  should  give 
place  to  him  that  was  appointed."     Two  caveats  more  were 
adjoined  to  the  former.     One  was,  "  That  they  who  had 
voice  in  parliament  should  not  have  place  in  the  General 
Assembly,  unless  they  were  authorized  by  a  commission  from 
the  presbyteries  whereof  they  were  members."     The  other 
caveat  was,  "  That  crimen  ambitus  should  be  a  suflicient 
reason  to  deprive  him  both  of  his  place  and  office."     And 
now  there  rested  no  more  but  to  nominate  persons  to  tlie 
bishoprics  that  were  void.     Aberdeen  and  Argyle  liad  their 
own  incumbents   at   the   time,    both   actual  preachers;    St 
Andrews  and  Glasgow  were  in  the  hands  of  the  duke  of 
Lennox ;  Murray  possessed  by  the  Lord  Spynie ;   Orkney 
by  the  earl  of  Orkney ;  Dunkeld,  Brechin,  and  Dunblane 
had  their  own  titulars,  but  these  were  not  ordinary  preachers; 
Galloway  and  the  Isles  were  so  dilapidated  as  scarce  they 
were  remembered  to  have  been.     Only  in  Ross  and  Caith- 
ness some  provision  was  left,  whereunto,  by  consent  of  the 
Church,   Mr  David   Lindsay  and   Mr  George   Gladstanes 
were  presented ;  the  first  to  the  bishopric  of  Ross,  the  other 
to  Caithness ;  who,  not  the  less,  continued  still  serving  in 
their  churches  at  Leith  and  St  Andrews,  for  as  yet  they 
could  not  find  any  settling  in  their  dioceses.     Besides  the 
conclusion  taken  in  this  business,  divers  other  good  acts  were 
concluded  at  that  time,   as  may   be  seen  in  the   Book  of 
Records. 

Some  three  weeks  before  this   convention,  John  Dury, 


A.   D.   1(J00.]  CHURCH  OF  SCOTLANB.  83 

minister  at  Montrose,  departed  this  lite.  He  was  born  at 
Maueidine,  a  little  village  in  the  country  of  Kyle,  and  trained 
up  a  while  in  letters  in  the  town  of  Ayr ;  after  which  he  was 
sent  to  George  Dury,  his  cousin,  abbot  of  Dunfermline,  and 
placed  by  him  among  the  monks  of  that  abbey,  where  he 
lived  three  years.  Then  falling  in  some  suspicion  of  that 
which  they  called  heresy,  and  delated  thereof  to  the  abbot, 
after  trial  taken  he  was  condemned  to  be  immured,  that  is, 
to  be  shut  up  between  two  walls  till  he  died.  Yet  by  the 
means  his  friends  made  with  that  worthy  nobleman,  the  carl 
of  Arran,  he  was  delivered,  and  shortly  after  the  Reforma- 
tion admitted  to  tlie  ministry ;  in  which  he  served  first  at 
Hailes,  near  to  Edinburgh,  then  at  Leith,  and  when  the  civil 
troubles  ceased,  translated  to  Edinburgh,  where  he  continued 
minister  the  space  of  ten  years.  A  man  earnest  and  zealous 
in  every  thing  he  gave'himself  unto,  but  too  credulous  (a  fault 
incident  to  the  best  natures),  and  easily  abused  by  those  ho 
trusted ;  which  bred  him  great  trouble  whilst  he  remained 
at  Edinburgh.  In  Montrose,  where  he  was  at  first  confined, 
and  whereof  soon  after  he  became  minister,  he  lived  well 
respected,  and  in  great  quietness,  making  it  appear  that  the 
many  contests  and  strifes  he  had  in  former  times  proceeded 
not  from  his  own  disposition  so  much  as  from  the  suggestion 
of  others  ;  for  all  the  sixteen  years  he  lived  there,  no  man 
did  carry  himself  with  greater  modesty,  nor  in  a  more  dutiful 
obedience,  and  was  therefore  well  beloved  and  esteemed  by 
the  king.  He  wished  earnestly  to  have  lived  unto  the  meet- 
of  the  A^^-scrably,  that  he  might  have  declared  his  mind  touch- 
ing the  matters  then  in  hand ;  but  Avhen  he  perceived  his 
sickness  increasing,  and  that  he  should  not  continue  so  long, 
he  entreated  some  brethren  that  did  visit  him,  to  show  the 
Assembly,  as  from  him,  "  That  there  was  a  necessity  of  re- 
storing the  ancient  government  of  the  Church,  because  of  the 
unruliness  of  young  ministers,  that  could  not  be  advised  by 
the  elder  sort  nor  kept  in  order  ;  and,  since  both  the  estate  of 
the  Church  did  require  it,  and  that  the  king  did  labour  to 
have  the  same  received,  he  wished  them  to  make  no  trouble 
therefor,  and  to  insist  only  with  the  king  that  the  best  mi- 
nisters, and  of  greatest  experience,  might  be  preferred  to 
places."  This  as  he  directed  was  reported  to  the  Assembly, 
and  of  the  greatest  part  well  received ;  for  ho  was  certainly 


84  THE  UISTOHY   t)l     lllli  [a.  D.   IGOO. 

a  sound-hearted  man,  and  fur  from  all  dissimulation,  ever 
professing  what  he  thought,  and  following  tlie  course  that  he 
held  most  expedient  for  the  Church.  To  the  poor  he  was 
exceeding  helpful,  compassionate  of  those  that  were  in  any 
distress,  and  merciful  even  when  he  seemed  most  severe.  He 
died  the  last  day  of  February,  in  the  sixty-third  year  of  his 
age. 

It  was  in  August  this  year  that  the  conspiracy  of  Gowrie 
fell  forth ;  a  conspiracy  plotted  by  him  alone,  and  only  com- 
municated to  Mr  Alexander,  his  brother,  two  youths  of  great 
hope,  at  whose  hands  no  man  could  have  expected  such  an 
attempt.  Their  father  had  been  taken  away  by  form  of 
justice  in  the  year  1584,  whilst  the  king  was  yet  minor,  and 
forced  he  was  unto  it  as  unto  many  other  things  that  agreed 
not  with  his  mind.  But  the  care  he  took  of  the  nobleman's 
children,  and  kindness  wherewith  he  used  them,  did  show 
how  much  he  disliked  that  proceeding ;  for  he  restored  the 
eldest  to  his  father's  honour  and  living,  his  brother  Alexander 
he  made  one  of  his  bed-chamber,  a  sister  of  theu's  he  pre- 
ferred to  be  chief  maid  about  his  queen,  and  had  a  purpose 
to  advance  the  earl  himself  to  a  principal  office  in  the  king- 
dom. Such  and  so  great  benefits  might  have  endeared  the 
most  barbarous  and  hard-hearted.  But  benefits  arc  no  be- 
nefits to  the  malicious,  and  those  that  are  set  for  revenge. 
The  device  was  to  allure  the  king  to  the  eail's  house  in 
Perth,  and  there  to  kill  him.  The  king  was  then  remaining 
in  Falkland,  and  one  day  early  in  the  morning  (it  was  the 
fifth  of  August),  as  he  was  going  to  take  his  sport  in  the 
park,  Alexander  meets  him,  and  telleth  that  his  brother  had 
intercepted  a  man,  a  Jesuit,  as  he  supposed,  with  a  great 
quantity  of  gold,  and  that  he  kept  the  man  fast  in  his  house 
at  Perth,  and  sent  him  with  the  news,  praying  the  king  to 
make  haste,  for  that  he  doubted  not  he  should  learn  things 
woi-thy  of  his  travel.  The  Idng  moving  some  questions 
touching  the  man's  stature  and  habit,  and  the  place  where 
he  was  taken,  received  no  other  answer,  bnt  that  his  bi'otlicr 
would  satisfy  him  in  all  those  things  at  his  coming ;  which 
put  him  in  a  suspicion  that  the  gentleman  was  distracted,  for 
he  observed  in  him  some  perturbation ;  yet,  because  of  the 
instance  he  made,  he  yielded  to  go,  willing  liim  to  ride  back, 
and  show  that  he  would  be  with  his  brother  before  dinner. 


I 


A.  D.  1600.]  CHURCH  OF  SCOTLAND.  85 

After  a  short  chase  and  a  buck  killed,  the  king  made  to- 
wards Perth,  accoinpanied  with  the  duke  of  Lennox,  the  earl 
of  Mar,  and  a  few  gentlemen  moi-e,  all  in  their  hunting-coats. 
By  the  way,  the  king  did  ask  the  duke  of  Lennox  if  he  had 
known  Mr  Alexander  (for  the  duke  had  married  his  sister) 
at  any  time  troubled  or  distempered  in  his  wits.  The  duke 
answering -that  he  had  never  known  any  such  thing  in  him, 
the  king  insisted  no  farther.  Being  come  to  the  town,  the 
Earl  Gowrie  did  meet  him,  and  was  noted  by  all  the  company 
to  be  in  some  trouble  of  mind,  the  very  imagination  of  the 
fact  he  went  about  perplexing  his  thoughts.  But  he  coloured 
all  with  the  want  of  entertainment,  saying,  that  ho  did  not 
expect  the  king,  and  that  his  dinner  was  not  prepared.  The 
king  wishing  him  not  to  trouble  himself  with  those  thoughts, 
because  a  little  thing  would  content  him,  and  for  the  noble- 
men a  part  of  his  own  dinner  would  suffice  them,  they  dis- 
coursed of  hunting  and  other  common  matters  till  meat  was 
dressed.  How  soon  the  king  had  taken  a  little  refreshment, 
and  the  lords  were  placed  at  table  in  another  room,  Mr 
Alexander  did  sound  in  the  king's  ear,  that  the  time  was  fit 
whilst  the  lords  were  at  dinner  to  go  and  examine  the 
stranger.  At  which  word  the  king  arose,  and  went  up  stairs, 
Mr  Alexander  going  before  him.  The  king  did  call  Sir 
Thomas  Erskine  (afterwards  carl  of  Kelly)  to  follow  him ; 
but  Mr  Alexander  turning  at  the  door,  after  the  king  was 
entered,  said  that  the  king  willed  him  to  stay  below,  where- 
upon Sir  Thomas  went  back.  Thus  the  door  was  shut,  and 
Mr  Alexander  guiding  him  to  an  inner  room,  the  king  did 
perceive  a  man  standing  alone,  whereupon  he  asked  if  that 
was  the  man.  Nay,  said  Mr  Alexander,  there  is  another 
business  in  hand;  and  with  that  word  covering  his  head, 
"  You  remember,"  said  he,  "  how  you  used  my  father,  and 
now  must  you  answer  for  it."  "  Your  father  ?"  answered  the 
king,  "  I  was  not  the  cause  of  his  death  ;  it  was  done  in  my 
minority  by  form  of  justice.  But  is  this  your  purpose,  and 
have  you  trained  me  hither  to  murder  me  ?  Did  you  learn 
this  lesson  of  Mr  Robert  Rollock  your  master  ?  or  think  you, 
when  you  have  done  your  will,  to  go  unpunished?"  Mr 
Alexander,  stricken  with  the  speeches,  and  the  man  who  was 
placed  there  to  assist  him  trembled  for  fear,  desired  the  king 
to  be  quiet,  and  make  no  noise,  for  that  he  would  go  speak 


86  THE   IIISTOHY   OK  THK  [a.  D.   1600. 

with  his  brother,  and  pacify  hiin.  This  said,  he  went  down 
a  back  way,  as  it  seemed  to  the  court  below. 

Whether  he  did  meet  with  his  brother  at  that  time  or  not 
is  unknown,  but  his  stay  was  short,  and  when  he  returned, 
he  said  to  the  king,  "  There  is  no  remedy,  you  must  die." 
Then  making  as  though  he  would  have  tied  the  king's  hands, 
they  fell  a-w^-estling,  and  the  king  drawing  him  by  force  to 
a  window  in  the  corner  that  looked  toward  the  street,  as  ho 
espied  the  earl  of  Mar,  cried,  "  Help,  earl  of  INlar,  help." 
The  voice  and  words  were  discerned  by  all  the  lords  and 
gentlemen,  who  thereupon  ran  to  seek  the  king  by  the  way 
that  went  up  ;  but  the  doors  being  shut,  there  was  no  entry 
that  way  till  the  same  was  broke  by  force,  which  took  up  a 
large  time.  Upon  the  first  cry,  Sir  Thomas  Erskine,  sus- 
pecting treason,  did  flee  upon  Gowrie,  and  taking  him  by  the 
gorge,  said,  "  Thou  art  the  traitor  ;"  but  they  were  quickly 
sundered  by  his  servants  that  stood  by.  The  first  that  came 
to  the  king  was  a  page  called  John  Ramsay,  who  falling  upon 
a  back  passage  by  which  the  traitors,  after  the  deed  com- 
mitted, had  purposed  to  escape,  found  the  king  and  Mr 
Alexander  struggling.  The  king  calling  to  him  and  bidding 
him  strike  the  traitor,  he  gave  Mr  Alexander  two  or  three 
wounds  with  his  dagger,  and  so  parted  him  from  the  king. 
The  man  who  was  placed  there  to  assist  Mr  Alexander  did 
steal  away  secretly  ;  and  he  himself,  perceiving  that  the 
treason  was  discovered,  made  down  the  stairs,  where  being 
encountered  by  Sir  Thomas  Erskine,  and  asked  how  the  king 
was,  because  he  gave  no  direct  answer,  and  only  said,  "  That 
he  took  God  to  witness  that  he  was  not  in  the  fault,"  he 
thrust  him  through  the  body  with  his  sword,  and  killed  him 
outright. 

Sir  Thomas  was  followed  by  Hugh  Hereise,  doctor  of 
medicine,  and  a  foot-boy  named  Wilson,  who  seeing  the  king 
safe  were  not  a  little  joyed,  and  placing  him  in  a  little  room, 
and  shutting  the  door,  they  prepared  to  defend  the  entry. 
Gowrie  accompanied  with  three  or  four  servants  breaketh 
presently  into  the  chamber,  and  with  his  two  swords,  one  in 
each  hand,  puts  them  all  to  their  shift,  and  had  undoubtedly 
overthrown  them,  but  that  one  of  the  company  crying,  "  You 
have  killed  the  king  our  master,  and  will  you  also  take  our 
lives?"    he  became  astonished,  and  setting  tlic  points  of  hi.** 


A.  D.  1600.]  CHURCH  OF  SCOTLAND.  87 

two  swords  to  the  earth,  as  if  he  minded  to  cease  from  any 
more  fight,  he  was  instantly  stricken  by  tlie  page  with  a 
rapier  which  pierced  the  heart,  so  as  he  fell  down  dead. 
The  servants,  seeing  him  fall,  made  away  ;  only  Mr  Thomas 
Cranston  being  sore  wounded,  and  not  able  to  shift  for  him- 
self, was  apprehended.  In  this  fight.  Sir  Thomas  Erskine  and 
Doctor  Hereise  were  both  hurt,  but  nothing  dangerously. 

By  this  time  the  doors  of  the  other  passage  being  made 
open,  the  lords  and  a  number  with  them  entered  into  the 
room,  who  hearing  what  happened  went  all  to  their  knees, 
and  the  king  himself,  conceiving  a  prayer,  gave  thanks  to 
God  for  his  deliverance,  and  that  the  device  of  those  wicked 
brothers  was  turned  upon  their  own  heads.  The  danger 
that  ensued  was  not  much  less,  for  the  people  of  the  town 
taking  arms  did  environ  the  house,  crying  "  to  give  them  out 
tlieir  provost,  otherwise  they  should  blow  them  all  up  with 
pov/der."  The  rage  of  the  multitude  was  great  (for  they 
loved  the  earl,  as  being  their  provost,  beyond  all  measure), 
and  with  great  difficulty  were  they  kept  back  from  using  vio- 
lence ;  at  last  the  bailies  and  certain  of  the  citizens  being 
admitted  to  enter  and  brought  to  the  king,  when  they  were 
informed  of  the  truth  of  things,  returned  and  pacified  the 
people.  After  which  the  king  took  horse  and  returned  to 
Falkland,  where  he  was  welcomed  (the  rumour  of  the  danger 
having  prevented^  his  coming)  with  great  acclamations  of 
joy. 

It  was  observed,  not  without  some  wondering,  that  after 
Gowrie  was  killed  there  issued  no  blood  for  a  good  space 
from  his  body,  till  his  girdle  being  loosed  and  taken  from  him, 
the  same  gushed  forth  in  abundance.  This  was  supposed  to  be 
the  eiFect  of  some  characters  that  he  did  always  carry  in  a 
little  bag  at  his  girdle,  which  being  viewed,  were  found  to  be 
certain  spells  of  necromancers,  and  added  much  to  the  infamy 
of  his  death. 

A  dihgent  search  was  made  the  days  following  for  the 
man  the  king  saw  standing  in  the  room,  and  large  rewards 
promised  to  those  that  should  find  him  out.  In  this  search 
one  of  the  earl's  servants,  called  Henry  Younger,  hiding  him- 
self out  of  an  idle  fear  among  some  growing  corns,  was  lulled, 
and  for  some  days  supposed  to  have  been  the  man ;  till 
'  Anticipated. 


88  THB  HISTORY  OK  THE  [a.  D.  IGOO. 

Andrew  Henderson,  cliamberlain  to  Gowrie,  discovering 
himself  to  the  comptroller,  did  offer  upon  promise  of  his  life 
to  enter  and  sliow  all  that  he  knew  in  that  business.  Another 
of  Gowrie's  servants  surnanied  Craigengelt  was  some  two 
days  after  apprehended,  and  both  he  and  Mr  Thomas  Cran* 
ston  executed  at  Perth  ;  though  at  their  dying  they  declared 
that  they  knew  nothing  of  the  earl's  purpose,  but  had  only 
followed  him  as  being  tlieir  master  unto  that  room,  where  if 
tliey  had  known  the  king  to  have  been,  they  would  have 
stood  for  him  against  their  master  and  all  others. 

Henderson  at  his  examination  declared,  that,  the  night 
preceding  the  attempt,  the  earl  had  directed  him  to  attend 
his  brother  Mr  Alexander,  and  do  what  he  commanded. 
That  accordingly  he  accompanied  him  the  next  morning  to 
Falkland  ;  and  when  they  were  returned,  being  commanded 
by  Mr  Alexander  to  dress  hbnself  in  his  armour,  and  go 
•wait  till  he  came  unto  him  in  that  upper  room,  he  obeyed. 
But  that  he  could  not  imagine  any  purpose  against  the  king, 
either  in  him  or  in  the  earl,  nor  would  have  believed  it  un- 
less he  had  seen  the  same  with  his  eyes.  Being  demanded 
■why  he  did  not  take  the  king's  part  when  he  did  see  them 
fall  a-wrestUng,  he  excused  himself  by  a  sudden  fear  that 
overtook  him  in  the  time ;  and  indeed  he  looked  ever  after 
that  time  as  one  half-distracted.  It  was  much  marvelled  that 
in  so  high  an  attempt  the  earl  should  have  made  choice  of 
such  a  one  ;  but  the  man  Avas  of  a  servile  spirit,  and  apt 
enough  to  do  mischief;  and  many  have  conjectured  that,  if 
the  treason  liad  taken  effect,  it  was  in  the  earl's  purpose  to 
have  made  away  both  his  brother  and  him,  that  he  might  not 
be  supposed  to  have  had  an}-  knowledge  thereof.  I  remem- 
ber myself  that  meeting  with  Mr  William  Cowper.  then 
minister  at  Perth,  the  third  day  after  in  Falkland,  he  showed 
me  that,  not  many  days  before  that  accident,  visiting  by 
occasion  the  earl  at  his  own  house,  he  found  him  reading  a 
book  entituled,  De  conjiirationibus  adversus  Priucipes :  and 
havhig  asked  him  what  a  book  it  was,  he  answered,  "  That 
it  was  a  collection  of  the  conspiracies  made  against  princes, 
•which  he  said  were  foolishly  contrived  all  of  them,  and  faulty 
either  in  one  point  or  other ;  for  lie  that  goeth  about  such  a 
business  should  not  (said  he)  put  any  man  on  his  counsel." 
And  he  not  liking  such  discourses,  desired  him  to  lay  away 


A.  1).  1600.]  cHuncii  ov  Scotland.  89 

such  books,  and  read  others  of  a  better  subject.  I  verily 
think  he  was  then  studying  how  to  go  beyond  all  conspirators 
recorded  in  any  history  ;  but  it  pleased  God,  who  giveth 
salvation  to  kings,  as  the  psalm  speaketh,  to  infatuate  his 
counsels,  and  by  his  ensaraple  to  admonish  all  disloyal  and 
traitorous  subjects  to  beware  of  attempting  against  their 
sovereigns. 

Advertisement  sent  the  next  day  to  the  council,  which  then 
remained  at  Edinburgh,  the  ministers  of  the  town  were  called 
and  desired  to  convene  their  people,  and  give  thanks  unto 
God  for  his  majesty's  deliverance.  They  excusing  them- 
selves, as  not  being  acquainted  with  the  particulars,  nor  how 
those  things  had  fallen  out ;  it  was  answered,  that  they  were 
only  to  signify  how  the  king  had  escaped  a  great  danger, 
and  to  stir  up  the  people  to  thanksgiving.  They  replied, 
"  That  nothing  ought  to  be  delivered  in  pulpit  but  that 
whereof  the  truth  was  known,  and  that  all  which  is  uttered 
in  that  place  shoiild  be  spoken  in  f  dth."  When  by  no  per- 
suasion they  could  be  moved  to  perform  that  duty,  it  was 
resolved  that  the  council  should  go  together  to  the  market- 
cross,  and  that  the  bishop  of  Ross  should,  after  a  narration 
of  the  king's  danger  and  deliverance,  conceive  a  public 
thanksgiving,  which  was  done,  the  multitude  applauding  and 
expressing  a  great  joy. 

The  Monday  following  the  king  came  to  Edinburgh,  ac- 
companied with  divers  noblemen  and  barons,  and  heard  a 
sermon  preached  at  the  cross  by  Mr  Patrick  Galloway,  who 
choosing  the  hundred  and  twenty-fourth  psalm  for  his  theme, 
did  take  occasion  to  discourse  of  all  the  particulars  of  that 
conspiracy,  and  gave  the  people  great  satisfaction  :  for  many 
doubted  that  ther§  had  been  any  such  conspiracy,  "  The 
condition  of  princes  being,"  as  the  Emperor  Domitian  said, 
"  herein  miserable,  that  even  when  conspiracies  made  against 
their  persons  are  discovered,  yet  they  are  not  credited,  unless 
they  be  slain."  The  next  day  the  king  in  a  solemn  council 
kept  at  Kalyrudhouse,  to  testify  his  thankfulness  for  his 
deliverance,  and  to  perpetuate  .the  memory  thereof,  did  mor- 
tify for  the  entertainment  of  some  poor  men  the  rent  of  a 
thousand  pounds  yearly  to  be  taken  of  the  readiest  fruits  of 
the  abbacy  of  Scone,  and  ordained  an  honoura-ble  reward  to 
be  given  to  the  three  gentlemen  that  had  been  the  instru- 


90  THE  HISTORY  OF  THE  [a.  D.  1600. 

ments  of  his  preservation,  and  the  cause  of  the  reward  to  be 
specified  in  their  patents. 

After  this,  order  was  taken  for  a  public  and  solemn  thanks- 
giving to  be  made  in  all  the  churches  of  the  kingdom,  and 
the  last  Tuesday  of  September  with  the  Sunday  following 
appointed  for  that  exercise. 

The  ministers  of  Edinburgh,  who  gave  the  refuse,  were 
commanded  to  remove  themselves  out  of  the  town  within 
forty-eight  hours,  and  inhibited  to  preach  within  his  majesty's 
dominions  imdcr  pain  of  death.  jVIr  Walter  Balcanquel,  Mr 
WiUiam  Watson,  and  Mr  John  Hall,  three  of  that  number, 
compearing  at  Stirling  the  10th  of  September,  and  declaring, 
that  they  were  thoroughly  r-esolved  of  the  truth  of  Gowrie's 
conspiracy,  and  willing  to  amend  their  former  fault,  were 
pardoned,  upon  condition  that,  before  their  return  to  Edin- 
burgh, they  should  in  the  churches  appointed  to  them  pub- 
licly preach,  and  declare  their  persuasion  of  the  truth  of  that 
treason,  craving  God  and  his  majesty  forgiveness  for  the 
question  they  made  thereof,  and  rebuking  all  such  as  con- 
tinued in  that  doubtfulness.  The  churches  designed  to  them 
were  Tranent,  INIusselburgh,  and  Dalkeith,  for  Mr  Walter 
Balcanquel ;  Dunbar  and  Dunse,  for  Mr  William  ^^'atson ; 
and  for  Mr  John  Hall,  Dunfermline,  St  Andrews,  and  Perth. 

Mr  James  Balfour,  the  day  following,  upon  the  like  con- 
fession, was  remitted,  and  ordained  to  publish  his  resolution 
in  the  chui'ches  of  Dandce,  Montrose,  Aberbrothock,  and 
Brechin. 

But  Mr  Robert  Bruce,  taking  a  course  by  himself,  and 
saying,  "  He  would  reverence  his  majesty's  reports  of  that 
accident,  but  could  not  say  he  was  persuaded  of  the  truth 
of  it,"  was  banished  the  king's  dominions,  and  went  into 
France. 

The  fifteenth  of  November  a  parliament  was  held  at  Edin- 
burgh, wherein  sentence  of  forfeiture  was  pronounced  against 
Gowrie  and  Mr  Alexander  his  brother,  their  posterity  dis- 
inherited, and,  in  detestation  of  the  parricide  attempted,  the 
whole  surname  of  Ruthvcn  abolished.  But  this  last  was 
afterwards  dispensed  with,  and  such  of  that  name  as  were 
known  to  be  innocent  tolerated  by  tlie  king's  clemency  to 
enjoy  their  surnames  and  titles  as  in  former  times.  The 
bodies  of  the  two  brothers  being  brouglit  to  the  Parliament 


I 


A.  D.   1600.]  CHURCH  Ol"  SCOTLAND.  91 

House  were,  after  sentence  given,  hanged  upon  a  gibbet  in 
the  pubUc  street,  and  then  dismembered,  their  heads  cut  off 
and  affixed  upon  the  top  of  the  prison-liouse.  This  done,  the 
Estates,  in  acknowledgment  of  the  favour  and  grace  they  all 
had  received  of  God,  by  the  miraculous  and  extraordinary 
preservation  of  his  majesty  from  that  treasonable  attempt, 
did  ordain,  "  That  in  all  times  and  ages  to  come,  the  fifth  of 
August  should  be  solemnly  kept  with  prayers,  preachings, 
and  thanksgiving  for  that  benefit,  discharging  all  work, 
labour,  and  other  occupations  upon  the  said  day,  which  might 
distract  the  people  in  any  sort  from  those  pious  exercises." 

Divers  other  good  and  profitable  acts,  as  well  for  the 
Church  as  kingdom,  Averc  concluded  in  this  parliament ;  as 
the  act  decerning  "  all  marriages  contracted  betwixt  persons 
divorced  for  adultery  to  be  null,  and  the  children  begotten 
by  such  unlawful  conjunction  incapable  of  succession  to  their 
parents'  inheritance  ;"  as  also  the  act  made  for  removing 
and  extinguishing  of  deadly  feuds,  which  the  king  had  ever 
striven  to  abolish,  was  in  that  time  confirmed  by  the  whole 
Estates. 

Upon  the  close  of  the  parliament  the  king  went  to  Dun- 
fermline to  visit  the  queen,  who  was  brought  to  bed  of  a  son. 
The  cjaristening  was  hastened  because  of  the  Aveakness  of  the 
child,  and  that  his  death  was  much  feared.  He  was  named 
Charles,  and,  contrary  to  the  expectation  of  most  men,  grew 
unto  years  and  strength,  and  surviving  Prince  Henry,  his 
elder  brother,  reigns  happily  (at)  this  day  over  these  king- 
doms ;  which  that  he  may  long  do  is  the  desire  and  wish  of 
all  good  subjects. 

In  the  end  of  the  year  Mr  John  Craig,  that  had  been 
minister  to  the  king,  but  through  age  was  compelled  to  quit 
the  charge,  departed  this  hfe.  This  man  Avhilst  he  lived 
was  held  in  good  esteem,  a  great  divine  and  excellent  preacher, 
of  a  grave  behaviour,  sincere,  inclining  to  no  faction,  and, 
which  increased  his  reputation,  living  honestly,  without  os- 
tentation or  desire  of  outward  glory.  Many  tossings  and 
troubles  ho  endured  in  his  time  ;  for  being  left  young  and  his 
father  killed  at  Flodden,  after  he  had  got  an  entrance  in 
letters,  and  passed  his  course  in  philosophy  in  St  Andrews, 
he  went  to  England,  and  waited  as  pedagogue  on  the  Lord 
Dacres  his  children,  the  space  of  two  years.     Wars  then 


92  THE  HISTORY  OF  THi:  [a.  D.  1600. 

arising  betwixt  the  two  realms,  he  returned  home,  and  became 
one  of  the  Dominican  order  ;  but  had  not  Uved  long  among 
them  when,  upon  suspicion  of  heresy,  he  was  put  in  prison. 
Being  cleared  of  that  imputation,  he  went  back  again  into 
England,  and  thinking  by  the  Lord  Dacres'  means  to  have 
got  a  place  in  Cambridge,  because  that  failed,  he  went  to 
France,  and  from  thence  to  Rome.  There  he  found  such 
favour  with  Cardinal  Pole,  as  by  his  recommendation  he  was 
received  among  the  Dominicans  of  Bononia,  and  by  them  first 
appointed  to  instruct  the  novices  of  the  cloister  :  afterwards, 
when  they  perceived  his  diligence  and  dexterity  in  businesses, 
he  was  employed  in  all  their  aftaii's  throughout  Italy,  and 
sent  in  commission  to  Chios,  an  isle  situated  in  the  Ionic  Sea, 
to  redress  things  that  were  amiss  amongst  those  of  their 
order. 

Therein  he  discharged  himself  so  well,  that  at  his  return 
he  was  made  rector  of  the  school,  and  thereby  had  access  to 
the  libraries,  especially  to  that  of  the  Inquisition  ;  where 
falling  on  the  institutions  of  John  Calvin,  ho  was  taken  with 
a  great  liking  thereof,  and  one  day  conferring  with  a  reverend 
old  man  of  the  monastery,  w^as  by  him  confirmed  in  the  opi- 
nion he  had  taken,  but  withal  warned  in  any  case  not  to  utter 
him.self,  or  make  his  mind  known,  because  the  times  were 
perilous.  Yet  he  neglecting  the  counsel  of  the  aged  man, 
and  venting  his  opinions  too  freely,  was  delated  of  heresy, 
and  being  sent  to  Rome,  after  examination,  imprisoned.  Nine 
months  he  lay  there  in  great  misery  ;  at  the  end  whereof, 
being  brought  before  the  judge  of  the  Inquisition,  and  giving 
a  clear  confession  of  his  faith,  he  was  condemned  to  be  burnt 
the  next  day,  which  was  the  nineteenth  of  August. 

It  happened  the  same  night  Pope  Paul  the  Fourth  to 
depart  this  life ;  upon  the  noise  of  whose  death  the  people 
came  in  a  tumult  to  the  place  where  his  statue  in  marble 
had  been  erected,  and  puUing  it  down,  did  for  the  space  of 
three  days  drag  the  same  through  the  streets,  and  in  the 
end  threw  it  in  the  river  of  Tiber.  During  the  tumult  all 
the  prisons  were  broken  open,  the  prisoners  set  free,  and 
among  those  Mr  Craig  had  his  hberty.  As  he  sought  to 
escape  (for  he  held  it  not  safe  to  stay  in  the  city),  two  things 
happened  unto  him  not  unworthy  of  relation.  First,  in  the 
suburbs,  as  he  was  passing,  he  did  meet  a  sort  of  loose  men, 


A.   D.   1600.]  CHUKCH   OF  SCOTLAND.  93 

whom  they  called  banditti ;  one  of  the  company,  taking  him 
aside,  demanded  if  he  had  been  at  any  time  in  Bononia.  He 
answered  that  he  had  been  some  time  there.  Do  you  not 
then  remember,  said  he,  that  walking  on  a  time  in  the  fields 
with  some  young  noblemen,  there  came  unto  you  a  poor 
maimed  soldier,  entreating  some  relief?  Mr  Craig  replying 
that  he  did  not  well  remember.  But  I  do,  said  he,  and  I 
am  the  man  to  whom  you  showed  kindness  at  that  time  :  be 
not  afraid  of  us,  ye  shall  incur  no  danger.  And  so  convey- 
ing him  through  the  suburbs,  and  showing  what  was  his 
safest  course,  he  gave  him  so  much  money  as  might  make  his 
charge  to  Bononia,  for  he  intended  to  go  thither,  trusting  to 
find  some  kindness  with  those  of  his  acquaintance ;  yet  at  his 
coming  he  found  them  look  strange,  and  fearing  to  be  of  new 
trapped,  he  slipped  away  secretly,  taking  his  course  to 
Milan. 

By  the  way  another  accident  befell  hirn,  which  I  should 
scarce  relate,  so  incredible  it  seemeth,  if  to  many  of  good 
place  he  himself  had  not  often  repeated  it  as  a  singular  testi- 
mony of  God's  care  of  him,  and  this  it  was.  When  ho  had 
travelled  some  days,  declining  the  highways  out  of  fear,  he 
came  into  a  forest,  a  wild  and  desert  place,  and  being  sore 
wearied  lay  down  among  some  bushes  on  the  side  of  a  little 
brook  to  refresh  himself.  Lying  there  pensive  and  full  of 
thoughts  (for  neither  knew  he  in  what  part  lie  was,  nor  had 
he  any  means  to  bear  him  out  the  way),  a  dog  cometh  fawn- 
ing with  a  purse  in  his  teeth,  and  lays  it  down  before  him. 
He  stricken  with  a  fear  riseth  up,  and  looking  about  if  any 
were  coming  that  way,  Avhen  he  saw  none,  taketh  it  up,  and 
construing  the  same  to  proceed  from  God's  favourable  provi- 
dence towards  him,  followed  his  way  till  he  came  to  a  little 
village,  where  he  met  with  some  that  were  travelling  to 
Vienna  in  iVustria,  and  changing  his  intended  course  went  in 
their  company  thither. 

Being  there,  and  professing  himself  one  of  the  Dominican 
order,  he  was  brought  to  preach  before  Maximilian  the 
Second,  who,  liking  the  man  and  his  manner  of  teaching, 
would  have  retained  him,  if  by  letters  from  Pope  Pius  the 
Third  he  had  not  been  required  to  send  him  back  to  Rome, 
as  one  that  was  condemned  for  heresy.  The  emperor  not 
liking  to  deliver  him,  and  on  the  other  part  not  willing  to 


94  THE   HISTORY  l)I'  THE  [a.  D.   IGOi. 

fall  out  with  the  pope,  did  quietly  dimit  him  with  letters  of 
safe  conduct.  So  travelling  through  Germany  he  came  to 
England,  and  being  there  informed  of  the  reformation  begun 
at  home,  he  returned  into  Scotland,  and  made  offer  of  his 
service  to  the  Church.  But  his  long  desuetude  of  the 
country  language  (which  was  not  to  be  marvelled,  consider- 
ing that  he  had  lived  abroad  the  space  of  twenty-four  years), 
made  him  unuseful  at  first ;  now  and  then  to  the  learncder 
sort  he  preached  in  Latin  in  the  Magdalen's  Chapel  at 
Edinburgh,  and  in  the  year  1561,  after  he  had  recovered 
the  language,  was  appointed  minister  at  Halyrudhouse.  The 
next  year  he  was  taken  to  Edinburgh,  and  served  as 
colleague  with  Mr  Knox  the  space  of  nine  years.  Then  by 
the  ordinance  of  the  Assembly  he  was  translated  to  Montrose, 
where  he  continued  two  years,  and  upon  the  death  of  Adam 
Hej'iot  was  removed  to  Aberdeen,  having  the  inspection  of 
the  churches  of  Mar  and  Buchan  committed  to  his  care.  In 
the  year  1579  he  was  called  to  be  the  king's  minister,  and 
served  in  that  charge  till,  borne  down  with  the  weight  of 
years,  he  was  forced  to  retire  himself.  After  which  time, 
forbearing  all  public  exercises,  he  lived  private  at  home, 
comforting  himself  with  the  remembrance  of  the  mercies  of 
God  that  he  had  tasted  in  his  life  past ;  and  this  year,  on 
the  twelfth  of  December,  without  all  pain  died  peaceably  at 
Edinburgh  in  the  eighty-eighth  year  of  his  age. 

In  the  beginning  of  the  next  year  there  happened  a  great 
stir  in  the  court  of  England,  which,  concerning  the  king  in 
some  sort,  I  must  needs  touch.  The  earl  of  Essex,  who  had 
been  a  long  time  in  special  favour  with  the  queen,  and  was 
then  upon  some  displeasure  kept  from  the  court,  not  endur- 
ing to  be  thrust  down  (as  he  complained)  by  his  adversaries 
into  a  private  life,  did  resolve  to  make  his  way  unto  the 
queen  by  force,  to  seize  upon  her  person,  and  remove  from 
her  company  those  he  judged  to  be  his  adversaries.  But 
the  purpose  failing,  he  was  taken  himself,  and  committed  to  the 
Tower.  A  while  before  he  had  written  letters  to  the  king  full 
of  respect,  informing  that  they  who  had  the  managing  of  all 
affairs  under  the  queen  were  inclining  to  the  infanta  of 
Spain,  and  advising  him  to  send  ambassadors  into  England, 
and  urge  the  declaration  of  his  title  of  succession.  Tlio 
king,  though  ho  could  have  wished  his  title  to  be  declared, 


A.  D.   1601.]  CHUllCH  OF  SCOTLAND.  95 

did  not  think  that  time  tilting  for  such  propositions ;  yet 
upon  the  report  of  his  apprehension  he  resolved  to  employ 
some  in  commission  to  the  queen.  And  to  this  eifect  made 
choice  of  the  earl  of  Mar,  joining  with  him  the  abbot  of 
Kinloss ;  who  coming  to  the  court  some  days  after  the 
execution  of  Essex,  and  having  access  to  the  queen,  did 
congratulate  her  good  success  in  repressing  that  audacious 
attempt.  This  she  took  well,  and  was  glad  to  hear  so  much 
from  thcra,  because  of  the  rumours  which  were  then  dis- 
persed, that  Essex  was  made  away  for  favouring  the  king  of 
Scots'  title,  and  that  if  the  ambassadors  had  come  in  time 
they  would  have  dealt  for  him.  A  good  answer  was  here- 
upon given  to  all  their  instructions,  and  whereas,  among 
other  points  of  their  commission,  they  were  willed  to  seek  an 
assignment  of  some  portion  of  land  in  recompense  of  the 
lands  belonging  to  the  Lady  Lennox,  the  king  being  her 
lawful  heir ;  the  queen  excusing  herself  touching  the  lands, 
was  content  to  add  to  the  annuity  formerly  paid  the  sum  of 
two  thousand  pounds  yearly,  as  long  as  he  kept  fast  and 
held  one  course  with  her.  Besides  this  satisfaction  obtained 
of  the  queen,  they  did  so  work  with  the  principal  noblemen 
and  councillors,  as  they  won  them  to  be  the  king's  friends, 
and,  at  their  return,  gave  his  majesty  assurance  of  a  peace- 
able reception  to  that  crown  after  the  decease  of  the  queen, 
which  was  some  two  years  after  really  performed. 

Much  about  this  time  had  Pope  Clement  the  Eighth  sent 
his  breves  (as  they  call  them)  into  England,  warning  all  the 
clergy  and  laity  that  professed  the  Roman  faith,  not  to 
admit  after  the  queen's  death  any  man,  how  near  soever  in 
blood,  to  be  king,  unless  he  should  bind  himself  by  oath  to 
promove  the  Catholic  Roman  religion  at  his  power.  And,  at 
the  same  time,  came  Mr  John  Hamilton  and  Mr  Edmond  Hay, 
Jesuits,  into  Scotland,  two  factious  and  working  spirits,  and 
therefore  much  suspected  by  the  king ;  the  first  especially, 
for  that  he  was  known  to  have  been  a  chief  instrument  of 
the  seditions  raised  in  the  city  of  Paris  in  the  time  of  the 
league.  How  soon  the  king  understood  of  their  repairing 
into  the  country,  a  proclamation  was  given  out  inhibiting  their 
reset  under  the  pain  of  treason.  In  this  proclamation,  to 
make  them  the  more  odious,  they  were  compared  to  Bothwell 
and  Gowrie;    tho  king  declaring  that  he  would  judge  no 


96  THK  niSTODY   OF  THK  [a.  D.   lOOl. 

otherwise  of  their  resetters  than  of  those  that  did  treason- 
ably pursue  his  own  Hfe.  This  notwithstanding,  they  found 
lurking-holes  amongst  the  papists  in  the  north,  and  kept  the 
country  till,  after  some  years,  that  ]\Ir  John  Hamilton  was 
apprehended  and  carried  to  the  Tower  of  London,  where  he 
died. 

The  church  of  Edinburgh  remained  all  this  while  destitute 
of  a  number  of  their  ministers,  the  conditions  prescribed  unto 
them  when  they  were  pardoned  not  being  performed.  Of 
the  four,  only  Mr  John  Hall,  having  given  obedience,  was 
licensed  to  return  to  his  charge ;  the  other  three,  upon  I 
kiiow  not  what  pretext,  deferred  to  make  their  declaration, 
as  was  appointed,  and  were  thereupon  in  the  Assembly  con- 
vened at  Burntisland  the  twelfth  of  May,  ordained  to  be 
transported  from  the  ministry  of  Edinburgh,  and  placed  in 
such  parts  of  the  country  as  the  commissioners  of  the  Church 
should  think  meet.  This  Assembly  was  called  by  his 
majesty's  proclamation,  partly  for  taking  order  with  the 
church  of  Edinburgh,  partly  for  repressing  the  growth  of 
popery,  which  was  then  increasing ;  and  where  it  should 
have  held  at  St  Andrews,  was,  in  regard  of  the  king's  indis- 
position, brought  to  Burntisland. 

Mr  John  Hall,  being  elected  to  moderate  the  meeting,  did 
begin  with  a  regrate  of  the  general  defection  from  the  purity 
and  practice  of  true  religion,  which  he  said  was  so  great, 
that  it  must  of  necessity  at  last  conclude  either  in  popery  or 
atheism,  except  a  substantious  remedy  were  in  time  provided. 
And  because  the  ill  could  not  be  well  cured  unless  the  causes 
and  occasions  thereof  should  be  ript  up,  he  exhorteth  those 
that  were  assembled  to  consider  seriously  both  of  the  causes 
of  the  defection,  and  the  remedies  that  were  fittest  to  be 
applied. 

After  long  conference,  the  causes  were  condescended  to 
be,  the  wrath  of  God  kindled  against  the  land  for  the  un- 
reverent  estimation  of  the  gospel,  and  the  sins  in  all  estates, 
to  the  dishonour  of  their  profession ;  lack  of  care  in  the 
ministry  to  discover  apostates ;  too  hasty  admission  of  men 
unto  the  ministry  ;  ministers  framing  themselves  to  the 
humours  of  people ;  the  desolation  of  the  churches  of  Edin- 
burgh ;  the  advancing  of  men  to  places  of  credit  that  were 
ill-aftecled  in  religion ;  the  odnration  of  his  majesty's  cbi!- 


A.   D.   IGOl.]  CHURCH   OF  SCOTLAND.  97 

(Iren  in  the  company  of  papists ;  the  training  up  of  noble- 
men's children  under  suspect  pedagogues;  the  decay  of 
schools;  and  the  not  urging  of  the  reconciled  lords  to 
perform  their  conditions. 

For  remedy  of  the  foresaid  evils  it  was  ordained,  that  a 
public  humiliation  should  be  kept  throughout  the  realm  the 
last  two  Sundays  of  June,  with  fasting  and  prayer,  for 
appeasing  the  wrath  of  God  kindled  against  the  land ;  that 
the  ministers  of  every  presbytery  should  after  the  dissolving 
of  the  Assembly  take  up  the  names  of  the  recusants  within 
their  bounds,  and  send  them  to  the  king's  ministers ;  that 
places  of  greatest  need  should  be  furnished  with  learned  and 
wise  preachers,  and  in  the  meantime,  till  that  might  take 
eifect  by  a  constant  provision  of  ministers  to  those  places, 
that  the  meetest  for  that  purpose  should  be  appointed  to 
attend  for  a  certain  time  in  the  families  of  the  reconciled 
lords,  for  their  better  confirmation  in  the  truth.  The  rest 
of  the  remedies  resolved  all  in  petitions  to  his  majesty,  for 
the  planting  of  churches,  the  not  permitting  of  those  who 
were  under  process  for  popery  to  have  access  to  court,  and  a 
care  to  be  taken  of  the  good  education  of  the  children  of 
noblemen.  To  all  which  the  king  gave  favourable  answers ; 
and  for  the  removing  of  the  princess  his  daughter  from  the 
Lady  Livingstone,  which  was  earnestly  entreated  by  the 
whole  Assembly,  his  majesty  did  promise  to  bring  her  to  his 
own  house  before  the  terra  of  Martinmas  next. 

Whilst  mattei's  were  thus  proceeding,  there  was  dehvered 
a  letter  sent  by  Mr  John  Davidson  to  the  Assembly,  where- 
in, as  if  he  would  awake  his  brethren  fallen  asleep,  he  began 
with  a  strong  cry,  "  How  long  shall  we  fear  or  favour  flesh  and 
blood,  and  follow  the  counsel  and  command  thereof  ?  Should 
our  meetings  be  in  the  name  of  man  ?  Are  we  not  yet  to  take 
up  ourselves,  and  to  acknowledge  our  former  errors,  and  feeble- 
ness in  the  work  of  the  Lord  ? "  And  a  little  after.  "  Is  it  time 
for  us  now,  when  so  many  of  our  worth}'  brethren  are  thrust  out 
of  their  callings  without  all  order  of  just  proceeding,  and  Jesuits, 
atheists,  and  papists  are  suffered,  countenanced,  and  advanced 
to  great  rooms  in  the  realm,  for  the  bringing  in  of  idolatry, 
and  captivity  more  than  Babylonical,  with  an  high  hand,  and 
that  in  our  chief  city, — Is  it  time  for  us,  I  say,  of  tlie  min- 
istry, to  be  inveigled  and  blindfolded  with  pretence  of 
vol..  III.  7 


98  THE   HISTORY   OT  THK  [a.   D.   1G01. 

preferment  of  some  small  number  of  our  brethren  to  have 
voice  in  parliament,  and  have  titles  of  prelacy  ?  Shall  we 
■with  Samson  sleep  still  on  Daiilah's  knees,  till  she  say,  *  The 
Philistines  be  upon  thee,  Samson  ? '  "  Then,  scoffing  at  the 
king's  doings,  he  said,  "  But  Bonnyton  is  executed,  an  in- 
famous thief  in  the  highest  degree !  What  is  that  to  the 
cause  of  religion,  whereof  no  question  was  moved  ?  Is  there 
no  papist  nor  favourer  of  papists  in  Scotland  but  Bonnyton  ? 
But  the  king  is  sound  in  religion,  what  can  the  adversaries  do  ! 
Being  sound,  the  danger  were  the  less  ;  but  there  is  nothing 
either  in  church  or  king  accoixiing  to  our  calling,"  &c.  In 
postscript  to  the  same  letter  he  wished  them  to  be  wary  of 
determining  any  thing  touching  the  planting  of  Edinburgh, 
in  respect  of  any  promises  against  papists,  and  to  remember 
that  Melms  et  opiahilius  est  helium  pace  impia,  et  a  Deo 
distrahevte. 

This  letter,  laughed  at  by  some,  did  greatly  offend  the 
wiser  sort,  who  would  have  proceeded  to  censure  the  man  as 
he  had  deserved,  but  that  the  king  interceded,  willing  them 
to  leave  the  punishment  to  him,  and  go  on  with  their  own 
affairs  as  they  had  begun.  So  the  letter  being  cast  by,  the 
planting  of  Edinburgh  was  next  handled ;  and  after  some 
reasoning  it  was  concluded,  that  the  three  ministers,  Mr 
Walter  Balcanquel,  Mr  James  Balfour,  and  Mr  ^Villiam 
Watson  should  be  transported,  and  others  placed  in  their 
rooms.  The  care  of  this  among  other  things  was  intrusted 
to  certain  commissioners  deputed  by  the  Assembly,  who  had 
power  given  them  for  all  matters  that  concei-ned  the  Church, 
unto  the  next  general  meeting. 

After  this  a  proposition  was  made  for  a  new  translation  of 
the  Bible,  and  the  correcting  of  the  Psalms  in  metre.  His 
majesty  did  urge  it  earnestly,  and  with  many  reasons  did 
persuade  the  undertaking  of  the  work,  showing  the  necessity 
and  the  profit  of  it,  and  what  a  glory  the  performing  thereof 
sliould  bring  to  this  Church.  Speaking  of  the  necessity,  he 
did  mention  sundry  escapes  in  the  common  ti'anslation,  and 
made  it  seen  that  he  was  no  less  conversant  in  the  Scriptures 
than  they  whose  profession  it  was;  and  when  he  came  to 
speak  of  the  Psalms,  did  recite  whole  verses  of  the  same, 
sJiowing  both  the  faults  of  the  metre  and  the  discrepance 
from  the  text.     It  was  the  joy  of  all  that  were  present  to 


A,  D.   1001.]  CHURCH  OF  SCOTLAND.  99 

hear  it,  and  bred  not  little  admiration  in  the  whole  Assembly, 
who  approving  the  motion  did  recommend  the  translation  to 
such  of  the  brethren  as  were  most  skilled  in  the  languages ; 
and  the  revising  of  the  Psalms  particularly  to  Mr  Robert 
Pont ;  but  nothing  was  done  in  the  one  or  the  other.  Yet 
did  not  the  king  let  this  his  intention  fall  to  the  ground,  but 
after  his  happy  coming  to  the  crown  of  England  set  the 
most  learned  divines  of  that  Church  a-work  for  the  transla- 
tion of  the  Bible ;  which,  with  great  pains  and  to  the 
singular  profit  of  the  Church,  they  perfected.  The  revising 
of  the  Psalms  he  made  his  own  labour,  and  at  such  hours  as 
he  might  spare  from  the  public  cares  went  through  a  number 
of  them,  commending  the  rest  to  a  faithful  and  learned 
servant,  who  hath  therein  answered  his  majesty's  expec- 
tation. 

The  act  for  restraining  the  liberty  of  application  in 
exercises  was  of  new  ratified,  and  an  ordinance  made  against 
the  preaching  of  young  men  not  admitted  to  the  ministry 
in  the  chief  places  of  the  country ;  which  done,  and  the  next 
Assembly  being  appointed  to  hold  at  St  Andrews  the  last 
Tuesday  of  July,  amio  1602,  the  meeting  dissolved. 

Soon  after  the  king,  by  the  advice  of  the  commissioners 
of  the  Church,  received  in  favour  the  three  ministers  of 
Edinburgh  that  were  ordained  to  be  translated  to  other 
places,  and  licensed  them  to  return  to  their  cliarges.  Mr 
John  Dikes  also,  who  had  lurked  unto  this  time,  having 
composed  some  eucharistic  sonnets  (as  he  called  them)  for 
his  majesty's  preservation,  was  pardoned,  and  permitted  to 
return  to  his  place.  But  Mr  John  Davidson,  presuming  to 
find  the  like  favour,  and  appearing  in  public  without  warrant, 
was  taken  and  committed  to  the  Castle  of  Edinburgh,  whea-e 
he  remained  some  months,  till,  by  the  intercession  of  the 
king's  ministers,  he  was  also  put  to  liberty. 

In  the  State,  the  Lord  Maxwell  began  to  make  new 
troubles ;  and,  notwithstanding  he  was  prohibited  to  repair 
within  the  bounds  of  Nithsdale  and  Galloway,  he  went  homo 
without  license,  having  contrived  the  death  of  Sir  James 
Johnston  then  warden.  But  the  purpose  failing,  he  made 
an  incursion  upon  Annandalc,  raising  fu'e,  and  committing 
slaughter ;  whereupon  great  stirs  were  moved  in  those 
parts,  which  were  not  pacified  till  the  February  after  ;  at 


100  THE  UISTOUY  (.IF  THE         [a.  D.  1001. 

which  time  the  king,  going  in  person  to  Dumfries,  made  him 
leave  the  country,  and  put  in  sureties  for  his  remaining 
within  the  bounds  of  Clydesdale. 

In  July  thereafter,  Lodowick  duke  of  Lennox  was  sent  in 
an  ambassage  to  France,  ratlier  for  confirming  the  old  amity 
and  friendship,  than  for  any  business  else.  There  went  with 
him  Sir  Thomas  Erskine  and  Sir  William  Livingstone  of 
Kilsyth,  two  of  his  majesty's  privy  council ;  Mr  John 
Spottiswoode,  then  parson  of  Calder,  was  directed  to  attend 
him  as  his  chaplain  or  preacher.  The  duke  taking  his 
journey  by  sea  arrived  at  Dieppe  the  twenty -fourth  of  that 
month,  and  upon  the  tenth  day  after  entered  into  Paris, 
accompanied  by  James  archbishop  of  Glasgow,  and  a  great 
train  of  Scotsmen,  who  did  meet  him  at  St  Denis.  He 
had  presence  of  the  French  king  at  St  Germains,  some  seven 
leagues  from  Paris,  and  was  very  kindly  accepted.  A  few 
days  after,  the  king  went  to  Fontaineblcau,  where  the  queen 
was  to  lie  of  childbirth.  Thither  the  duke  did  follow  him, 
and  was  entertained  with  hunting  and  the  like  sports  unto 
the  queen's  delivery,  which  fell  out  the  seventeenth  of 
September.  Going  then  unto  tlie  country  to  saltite  his 
mother,  Madame  D'Aubigney,  and  other  his  friends,  whilst  he 
was  about  these  offices  of  kindness,  the  king  went  by  post  to 
Calais,  upon  some  inteUigence,  as  it  was  said,  from  England, 
that  the  queen  was  fallen  sick.  He  himself  gave  out  tluit  the 
affairs  of  Flanders  did  occasion  his  journey,  for  as  then  the 
archduke  was  besieging  Ostcnd.  But  whatsoever  the  busi- 
ness was,  no  man  doubted  but  that  he  had  an  eye  upon  the 
succession  of  England  ;  and  if  he  could  have  found  a  faction, 
would  have  foisted  in  another  bastard  of  Normandy,  which 
oftentimes  in  a  merriment  and  gallantry  he  spared  not  to 
utter. 

The  duke,  after  his  return  to  Paris,  made  no  long  stay, 
but  taking  his  leave  of  the  French  king,  who  was  then  come 
back  from  Calais,  took  journey  towards  England,  and  came 
to  London  in  the  beginning  of  November.  A  parliament 
was  then  sitting  at  Westminster,  (the  last  that  Queen  Eliza- 
beth held),  which,  with  his  coming  upon  that  instant,  gave 
many  to  think  that  he  was  come  to  urge  a  declaration  of  the 
king's  right  of  succession  ;  and  not  a  few  they  were,  nor  of 
small  note,  that  offered  to  assist,  if  he  should  move  anv  such 


A.  D.   1601.]  CHUUCH  OF  SCOTLAND.  101 

business ;  but  he  told  them,  that  neither  had  he  any  such 
commission,  nor  would  the  king  ever  agree  to  any  thing  that 
might  breed  a  jealousy  in  the  queen.  And  his  commission 
indeed  \vas  no  other  but  to  salute  the  queen  in  the  king's 
name,  and  let  her  know  the  kind  and  filial  affection  he 
carried  unto  her,  whereof  he  should  be  willing  to  give  proof 
at  all  occasions.  And  for  that  he  was  given  to  understand 
that  the  Irish  rebels  had  drawn  in  some  Spanish  forces  into 
Ii'eland,  to  fortify  themselves  in  their  rebellion,  he  would,  if 
his  aid  should  be  thought  necessary,  employ  the  same  for 
their  expulsion.  The  queen,  giving  the  king  many  thanks, 
said,  that  if  those  troubles  continued,  she  would  take  his 
help,  and  hire  some  of  his  Highlanders  and  Islesmen ;  but 
she  trusted  to  hear  other  news  shortly,  and  not  be  vexed 
long  with  those  strangers.  As  also  it  came  to  pass  :  for  the 
very  next  month  the  Lord  Montjoy  her  deputy  did,  in  a 
battle  fought  near  Kinsale,  defeat  the  Irish  utterly,  and 
afterwards  forced  the  Spaniards  that  had  taken  the  town  to 
render,  upon  condition  of  their  lives  saved,  and  that  they 
might  be  transported  again  into  their  country. 

The  duke,  after  three  weeks'  stay,  being  feasted  by  the 
queen  and  entertained  with  all  compUments  of  amity,  re- 
turned homo,  and  came  to  Edinburgh  in  the  end  of  Decem- 
ber ;  where,  having  related  his  proceedings  in  council,  they 
were  all  approved.  The  Lord  Elphingston  had  in  his 
absence  resigned  the  office  of  treasury  upon  an  offence,  as 
was  thought,  he  conceived  for  adjoining  some  others  unto  him 
in  the  composing  of  signatures :  and  now  was  Sir  George 
Home,  one  of  the  masters  of  the  equerry,  preferred  to  the 
office,  which  he  discharged  by  his  deputy,  Sir  John  Arnot, 
both  to  his  majesty  and  the  country's  content. 

The  next  summer  the  king  having  resolved  to  plant 
inlandmen  in  the  isles,  and  transport  the  inhabitants  into 
the  mainland,  where  they  might  learn  civility,  made  a 
beginning  at  the  Isle  of  Lewis.  The  undertakers  were 
Patrick  abbot  of  Lindores,  Colonel  William  Stewart,  Captain 
William  IMurray,  Mr  John  Learmonth  of  Balcomie,  Mr 
James  Spence  of  Wormiston,  Sir  James  Anstruther  of  that 
ilk,  and  James  Forret  of  Fingask.  These  gentlemen 
furnishing  themselves  with  arms  and  shipping,  and  having 
conduced  a  number  of  soldiers,  took  sea,  and  in  the  third  or 


^c^S-OCAT^ 


102  Tllli   HISTOKY   OF  THE  [a.  D.   1602. 

fourth  day  arrived  in  the  lake  of  Stornoway  within  the  same 
isle.  Murdoch  Macleod,  base  son  to  old  Macleod,  who 
carried  himself  as  lord  of  the  isle,  made  at  the  first  some 
resistance ;  but  after  a  little  conflict,  distriistiug  the  people, 
for  he  had  used  them  with  great  tyranny,  he  fled  and  forsook 
the  isle,  leaving  the  indwellers  to  the  discretion  of  the  inva- 
ders. They,  how  soon  he  was  gone,  did  all  submit  them- 
selves, and  accept  such  conditions  as  were  oiFered  by  the 
undertakers. 

Being  thus  peaceably  possessed,  the  laird  of  Balcomie, 
either  sent  by  the  rest  to  signify  their  good  success  and  to 
make  preparation  against  the  Avinter,  or  for  some  private 
business  of  his  own,  took  purpose  to  return  home,  and  being 
launched  a  little  from  the  coast,  and  by  reason  of  the  calm 
forced  to  cast  anchor,  was  suddenly  invaded  by  the  said 
Murdoch  Macleod,  with  a  number  of  birlings  (so  they  call  the 
little  vessels  those  islesmen  use),  the  ship  boarded,  the 
mariners  killed,  and  himself  made  prisoner.  The  gentleman 
being  detained  some  days,  and  hourly  threatened  with  death, 
was  afterwards  ransomed  by  one  of  his  friends,  and  conveyed 
to  Orkney,  where  contracting  a  fever  he  died.  The  rest  of 
the  gentlemen,  to  repair  this  injury,  conducted  Neil  Macleod, 
brother  to  the  said  Murdoch,  to  betray  and  deliver  him  in 
their  hands ;  which  he  performed  shortly  after,  having  by 
an  ambush  laid  for  his  brother  apprehended  him,  and  some 
twelve  more  that  were  in  his  company.  The  twelve  he  pre- 
sently beheaded ;  Murdoch  he  delivered  to  the  gentlemen, 
as  he  had  promised,  who  was  afterwards  transported  to  St 
Andrews,  and  there  executed. 

The  undertakers  thinking  themselves  now  secured,  began 
to  build,  and  make  a  partition  of  the  lands,  letting  the  same 
to  the  country  people,  who  did  all  swear  fidelity  unto  them  ; 
but  whilst  they  expected  no  trouble,  Norman  Macleod,  son 
to  old  Macleod,  did  on  the  sudden  beset  them,  put  fire  to 
their  lodgings,  and  forced  them  to  the  conditions  following  : 

First,  that  they  should  purchase  to  them  a  remission  from 
the  king  of  all  crimes  and  offences  past. 

Next,  that  they  should  resign  to  Norman  all  the  right 
which  they  had  acquired  of  the  Isle  of  Lewis. 

And  thii'dly,  that  Sir  James  Spence,  with  his  son-in-law 
Thomas  Monypenny  of  Kinkell,  should  remain  as  pledges 


A.  1).   1GU2.J  CHUIICU   OV  SCOTLAND.  103 

until  the  remi&siou  was  brought  unto  hiiu,  aud  such  a  surety 
given  of  tlie  isle  as  he  could  devise. 

This  condescended  unto,  Sir  James  Anstruther  departed 
with  the  whole  company  that  u'as  left  (for  many  were  killed 
before  their  yielding),  and,  for  relief  of  the  pledges,  obtained 
of  the  king  both  the  remission  and  security  of  the  isle  that 
was  desired,  which  was  sent  to  Norman  by  James  Learmonth, 
son  to  the  laird  of  Darcie.  By  this  mean  were  the  pledges 
freed,  and  for  that  time  the  whole  enterprise  defeated.  Some 
three  years  after,  the  same  was  of  new  attempted,  with  what 
success  we  shall  hear  in  the  own  place. 

Mr  Robert  Bruce,  who  as  we  showed  before  was  exiled  in 
France,  obtained  license  to  return  in  the  beginning  of  this 
summer,  by  the  intercession  of  the  earl  of  Mar,  whom  he  had 
entreated  to  mediate  his  peace,  upon  promise  at  his  return  to 
satisfy  the  king,  and  declare  his  resolution  in  that  matter  of 
Gowrie.  The  king,  who  never  showed  himself  difficile 
(especially  to  ministers  that  professed  penitency  for  their 
errors),  gave  warrant  to  recall  him ;  and  he  appearing  before 
the  commissioners  of  the  Church,  at  Perth  the  twenty-fifth 
of  June,  where  his  majesty  was  present,  acknowledged  his 
error,  professed  his  resolution  touching  the  guiltiness  of  those 
unhappy  brothers,  aud  promised,  if  his  majesty  should  license 
him  to  return  to  his  place,  to  declare  the  same  publicly  in  the 
first  sermon  he  should  have  to  the  people.  The  king  doubt- 
ing his  performance  (for  he  had  often  in  other  matters  tried 
his  inconstancy)  caused  the  same  to  be  set  down  in  writing 
upon  the  back  of  the  letter  he  had  sent  to  the  earl  of  Mar, 
and  after  he  had  subscribed  the  same,  made  all  the  commis- 
sioners that  were  present  (eleven  in  number)  to  set  their 
bands  thereto  as  witnesses.  This  done,  he  Avas  admitted  to 
kiss  his  majesty's  hand,  and  licensed  to  return  to  his  place. 
But  as  the  king  had  conjectured,  so  it  fell  out ;  for  coming  to 
Edinburgh,  where  it  was  expected  he  should  have  done  what 
he  had  both  promised  and  subscribed,  he  left  the  town,  pre- 
tending that  his  ministry  should  thereby  be  discredited,  and 
he  esteemed  to  preach  by  injunction.  The  General  Assembly 
of  the  Church  meeting  in  November  following,  the  king,  to 
remove  this  pretext,  after  he  had  showed  all  the  particulars 
of  his  proceeding  with  Mr  Robert,  and  produced  the  letter 
sent  by  him  to  the  earl  of  Mar,  together  with  his  subscription 


104  THE  HISTORY   Or  THE  [a.   D.   1602. 

in  the  meeting  of  Perth,  desired  the  voices  of  the  Assembly, 
•whether  or  not  he  ought  to  utter  his  resolution  in  pulpit  as 
he  had  promised.  They  all,  r.ot  one  gainsaying,  declared, 
"  That  he  was  bound  both  in  duty  and  conscience  to  fulfil  his 
promise,  so  much  the  rather,  that  by  his  distrust  and  dis- 
obedience to  the  council's  charge  he  had  confirmed  ill-disposed 
people  in  their  suspicions."  Yet  this  ordinance  did  not  con- 
tent him ;  and  so,  delaying  to  give  satisfaction,  he  was  by  the 
commissioners  of  the  Church  discharged  from  the  ministry  of 
Edinburgh  the  year  following. 

In  this  Assembly,  Mr  Patrick  Galloway  being  chosen  to 
pi'eside,  he  made  a  speech  to  the  king,  wherein  he  showed, 
"  That  the  Church  was  oppugned  by  two  sorts  of  enemies,  to 
wit,  papists  and  sacrilegious  persons ;  and  therefore  in  the 
name  of  the  whole  Church  entreated  his  majesty,  that,  as  he 
had  with  great  travail  and  happy  success  made  the  principals 
of  the  popish  profession  to  conform  themselves  in  outward 
obedience,  so  he  would  use  his  princely  authority  towards 
the  other  sort,  and  compel  them,  if  not  to  restore  all,  at  least 
to  grant  a  competent  allowance  to  ministers  forth  of  the  tithes 
they  possessed."  The  king  accepting  the  petition  graciously, 
said,  "  That  it  should  not  be  well  with  the  Churcli  so  long  as 
ministers  were  drawn  from  their  charges  to  attend  the  yearly 
modification  of  stipends,  and  that  he  held  it  fittest  once  to 
condescend  upon  a  competent  provision  for  every  church, 
and  deal  with  those  that  possessed  the  tithes  to  bestow  a  part 
thereof  to  the  foresaid  use ;  and  seeing  that  business  would 
require  a  longer  time  than  they  could  well  continue  together, 
that  they  should  do  well  to  make  some  overtures  to  those 
that  had  the  commission  for  stipends,  promising  for  himself 
that  he  should  stand  for  the  Church,  and  be  an  advocate  for 
the  ministers." 

After  a  long  deliberation,  these  overtures  were  proponed. 
"  First,  That  the  ministers  having  stipends  assigned  to  them 
forth  of  the  tithes  of  the  churches  where  they  served,  a  per- 
petual security  should  be  made  to  the  tacksmen,  and  a  cer- 
tain grassum  condescended  on  for  every  chalder  of  victual, 
which  should  be  paid  for  nineteen  years'  lease ;  at  the  expir- 
ing whereof,  another  lease  upon  the  hke  conditions  should  be 
renewed  for  as  many  years,  the  principal  tacksmen  being- 
obliged  to  grant  the  like  security  for  his  subtacksmen.     2d, 


A.   D.   1602.]  CHURCH   OF  SCOTLAND.  105 

That  the  prelacies  should  be  disponed  to  actual  ministers,  the 
churches  annexed  thereto  being  sufficiently  provided,  and  the 
tenth  of  the  superplus  paid  to  the  king ;  or  otherwise,  that 
all  the  great  benefices  should  be  dissolved,  the  prelate  enjoy- 
ing the  principal  church  and  temporal  lauds,  and  the  churches 
annexed  disponed  to  ministers,  both  they  and  the  prelate 
paying  a  yearly  duty  to  the  king.  And  3d,  That  all  inferior 
benefices  should  be  provided  to  the  ministers  serving  the 
cure." 

The  first  of  these  overtures  the  king  held  reasonable  and 
most  advantageous  to  the  Church.  But  the  Assembly,  esteem- 
ing it  dangerous  to  make  tithes  heritable,  deferred  to  give 
their  consent ;  so  as  nothing  was  at  that  time  concluded,  and 
the  overtures  remitted  to  a  more  deep  consideration. 

The  synod  of  Fife  did,  after  this,  present  some  grievances, 
complaining,  "  That  the  General  Assemblies  were  not  kept 
at  the  ordinary  times,  and  both  places  and  diets  altered, 
without  the  knowledge  of  presbyteries  and  synods.  That 
ministers  were  called  before  the  council  in  prima  instantia, 
for  matters  of  doctrine  and  discipline.  That  the  government 
of  the  Church  continued  in  tlie  hands  of  a  few  ministers, 
under  the  name  of  a  commission, .  to  the  prejudice  of  the 
liberty  of  the  Church.  That  doctors,  being  an  ordinary 
calling  in  the  Church,  were  debarred  from  coming  to  Assem- 
blies. That  no  trial  was  taken  concerning  the  observation 
of  caveats.  That  the  ministers  of  Edinburgh,  being  the  prin- 
cipal watch-tower  of  the  Church,  were  not  permitted  to  attend 
their  charge.  That  the  land  was  polluted  with  the  French 
ambassador's  mass,  and  excommunicates  suffered  to  abide  in 
the  country.  And  lastly,  that  the  letters  and  practices  of 
papists  were  kept  secret,  and  not  communicated  to  the 
watchmen." 

These  complaints,  being  known  to  proceed  from  the  private 
discontents  of  such  as  grieved  to  see  the  affairs  of  the  Church 
carried  by  others  than  themselves,  were  not  much  regarded ; 
yet  to  show  that  they  had  no  just  cause  to  complain,  a  parti- 
cular answer  was  made  to  every  one  of  them.  And  first  it 
was  said,  "  That  the  Assembhes  both  were  and  should  be 
kept  according  to  the  act  of  parliament.  That  ministers 
should  not  be  called  before  the  council  but  upon  just  grounds. 
That  commissions  given  by  the  Assembly  and  rightly  dis- 


106  THE  HlSTOaY   OF  THK  [a.  D.   1602. 

charged  were  lawful.  That  doctors  authorized  with  a  com- 
mission from  the  university,  where  they  lived,  were  not 
denied  a  voice  in  Assemblies ;  and  that  if  the  caveats  were 
not  observed,  they  might  instance  the  point,  and  have  the 
person  after  trial  censured."  To  the  rest  of  the  heads  his 
majesty  by  himself  made  this  reply  :  "  That  the  French  am- 
bassador's mass  was  private,  and  could  not  be  refused  to  him, 
considering  that  the  minister,  directed  with  his  own  ambas- 
sador the  year  before,  was  permitted  to  preach  within  the 
city  of  Paris.  And  for  the  ministers  of  Edinburgh,  they  had 
received  all  the  favour  they  desired.  As  to  him  that  lay 
back,  it  was  his  own  fault,  and  no  man's  else.  But  where, 
saith  he,  it  is  craved  that  the  letters  and  practices  of  papists 
should  be  communicate  to  ministers,  as  that  were  the  ready 
way  to  procure  the  escape,  and  no  punishment  of  the  prac- 
tices, so  the  proponers  would  remember,  that  secrets  must  bo 
imparted  at  the  king's  pleasure,  and  not  otherwise." 

Some  other  acts  were  concluded  in  the  same  Assembly  ; 
as,  '•'  That,  in  memory  of  his  majesty's  deliverance,  there 
should  be  sermons  in  all  the  burghs  every  Tuesday,  and  the 
fifth  of  August  solemnly  kept,  as  the  parliament  had  prescribed, 
in  all  the  churches  of  the  kingdom.  That  ministers  should 
not  refuse  the  sacrament  of  baptism  to  infants,  nor  delay  the 
same,  upon  whatsoever  pretext,  the  same  being  required  by 
the  parents,  or  others  in  their  name  : "  for  as  then,  except  at 
ordinary  hours  of  preaching,  ministers  denied  to  baptize. 
And  because  they  had  taken  up  a  custom  not  to  celebrate 
marriage  upon  the  Sunday,  pretendiiig  that  the  day  was 
profaned  by  feasting,  dancing,  and  the  like,  it  was  ordained, 
"  They  should  hereafter,  at  the  parties'  desire,  celebrate  the 
same  either  on  Sunday  or  week-day."  These  things  con- 
cluded, and  commissioners  chosen  to  attend  the  common 
affairs  of  the  Church,  the  Assembly  dissolved,  having  ap- 
pointed the  next  meeting  at  Aberdeen,  the  last  Tuesday  of 
July,  a7ino  1604. 

All  this  time  were  the  enemies  of  our  religion,  the  Jesuits, 
especially  busied  to  stir  up  a  party  against  the  king  and  his 
title  to  England.  They  had  lost  all  hope  of  gaining  his 
affection,  or  obtaining  any  promise  of  toleration  when  he 
should  come  to  that  crown  ;  and  had  found  their  writings 
and  pamphlets,  for  the  infanta  of  Spain  her  right,  to  move  few 


A.   1).   1602.]  CHURCH  OF  SCOTLAND.  107 

or  none.  Thereupon  they  fell  to  treat  of  a  marriage  betwixt 
Lady  Arabella  and  Robert  prince  of  Savoy  ;  and,  that  not 
succeeding,  to  speak  of  a  match  betwixt  her  and  a  grand- 
child of  the  earl  of  Hartford's;  judging  that  their  pretensions 
being  conjoined,  many  would  befriend  them,  to  the  excluding 
of  the  king  of  Scots.  But  the  queen,  who  truly  favoured  his 
right,  though  she  would  not  openly  profess  so  much,  dashed 
all  those  projects,  and  caused  an  eye  to  be  kept  upon  that  lady 
and  such  as  resorted  unto  her. 

About  the  same  time,  the  king  had  intelhgence  given  him 
that  one  Francis  Mowbray,  son  to  the  laird  of  Barnbougle, 
who  had  hved  a  while  in  the  infant's  court  at  Brussels,  had 
undertaken  to  kill  him.  This  broke  out  first  at  London  by 
an  Italian,  a  fencer,  whose  name  was  Daniel.  Which  coming 
to  the  queen's  ears,  she  commanded  Sir  Robert  Cecil,  her 
secretary,  to  call  the  persons  (for  they  were  both  in  the  city), 
and  examine  them.  The  Italian  abode  by  his  speeches. 
Mowbray  denied,  and  offered  to  prove  him  a  Har  in  combat, 
which  the  other  accepted.  Both  being  sent  into  Scotland, 
they  were  tried  first  severally,  then  confronted  before  certain 
of  the  council.  The  Italian  produced  witnesses  who  verified 
all  that  he  had  deponed.  Whereupon  Mowbray  was  com- 
mitted to  the  castle  of  Edinburgh,  where,  seeking  to  escape 
by  night,  at  a  window  of  the  chamber  where  he  was  detained, 
the  sheets  proving  too  short  by  which  he  thought  to  descend, 
he  fell  from  a  great  precipice,  and  was  found  the  next  morn- 
ing dead  at  the  foot  of  the  rock.  The  corpse  was,  the  same 
day,  being  the  last  of  January,  presented  to  the  justice,  and 
sentence  of  forfeiture  pronounced  against  him ;  his  body 
hanged  for  a  space  upon  the  gibbet,  and  afterwards  quartered 
and  affixed  on  the  gates  and  most  open  places  of  the  town. 
His  friends  (for  he  was  well-born,  and  a  proper  young  gentle- 
man) gave  out  that  he  had  been  strangled,  and  his  corpse 
thrown  down  at  the  window.  But  this  carried  no  appear- 
ance, and  was  believed  of  few.^ 

The  queen  of  England,  in  the  winter,  being  perceived  to 
Avax  heavy  and  dull,  and  the  rumour  thereof  dispersed  (as 
there  is  nothing  that  can  be  worse  concealed  than  the  sick- 
ness or  death  of  a  prince),  there  was  much  business  every 
where,  and  she  held  by  the  most  part  no  better  than  dead. 
*  [See  note  to  this  Book. — £.] 


108  THE   HISTORY   OF  THE  [a.   U.   1602. 

The  French  king  had  sent,  the  summer  preceding,  two  am- 
bassadors, one  to  reside  in  England  and  another  in  Scotland, 
under  colour  of  impcacliing  the  courses  of  Spain,  but  in  effect 
to  observe  the  strength  and  affection  of  both  people.  He 
that  was  sent  into  England  brought  a  letter,  from  the  French 
king  to  Secretary  Cecil,  of  infinite  kindness ;  and  breaking 
with  him  one  day  upon  the  miseries  of  the  kingdom  when  it 
should  please  God  to  translate  the  queen,  fell  to  speak  of  the 
loss  he  should  sustain  by  the  exchange,  and  the  case  wherein 
he  would  be  if  the  Scottish  king  did  succeed ;  which  to  his 
apprehension  should'  be  more  hard  and  miserable  than  any 
others,  being  likely  to  undergo  the  revenge  of  faults  laid 
upon  his  father  about  matters  concerning  the  king's  mother, 
and  other  courses  that  he  was  esteemed  to  have  run  himself 
since  the  death  of  his  father.  The  secretary,  that  was  no 
child,  knowing  that  the  ambassador  did  but  sound  him,  for 
making  some  other  project,  answered,  "  That  this  was  the 
reward  of  unspotted  duty,  when  ministers  did  only  regard 
the  service  of  their  sovereigns,  without  respect  of  their  own 
particular ;  and  that  for  himself  he  should  never  grieve  to 
endure  trouble  for  so  just  a  cause,  the  same  being  to  a  man 
that  valued  his  credit  more  than  his  security,  a  kind  of  mar- 
tyrdom ;  notwithstanding,  he  supposed  that  things  past  would 
not  be  called  to  mind  ;  or  if  so  were,  and  that  he  saw  his  case 
desperate,  he  should  flee  to  another  city,  and  take  the  benefit 
of  the  king's  royal  offer," 

The  ambassador  being  so  answered,  made  a  fan*  retreat, 
saying,  "  That  in  case  the  king  of  Scots  did  carry  himself 
towards  the  king  of  France  with  the  respect  which  was  due, 
he  was  not  purposed  to  impeach  his  interest."  The  secre- 
tary replying,  "  That  it  was  a  wise  resolution  his  master  had 
taken,"  the  ambassador  ceased  to  tempt  him  any  farther 
in  that  business.  Hereof  the  king  was  advertised  by  letters 
from  the  secretary,  who  therein  did  assure  him  of  his  true 
and  honest  service  when  occasion  required  ;  how  belt  he  would 
not,  as  some  others  had  done,  needlessly  hazard  his  fortune 
and  reputation  before  the  time. 

It  shall  not  be  amiss  to  hear  what  was  the  king's  answer 
to  the  secretary.  "  As  I  do  heartily  thanlv  you,"  said  he, 
"  for  your  plain  and  honest  offer  ;  so  may  you  assure  your- 
self, that  it  would  do  me  no  pleasure  that  you  should  hazard 


A.   D,   1603.]  CHURCH   OF  SCOTLAND.  109 

either  your  fortune  or  reputation,  since  the  loss  of  either  of 
these  would  make  you  the  less  available  to  me.  No,  I  love 
not  to  feed  upon  such  fantastical  humours,  although  I  cannot 
let^  busy-bodies  to  live  upon  their  own  imaginations.  But  for 
my  part,  I  hold  it  the  office  of  a  king,  as  sitting  on  the  throne 
of  God,  to  imitate  the  primum  mobile,  and  by  his  steady  and 
ever  constant  course  to  govern  all  the  other  changeable  and 
uncertain  motions  of  the  inferior  planets.  And  1  protest  in 
God's  presence,  that  for  your  constant  and  honest  behaviour 
in  your  sovereign's  service,  I  loved  your  virtues  long  before 
I  could  be  certain  that  you  would  deserve  at  my  ha,nd  the 
love  of  your  person ;  wherefore  go  on,  and  serve  her  truly 
that  reigneth,  as  you  have  done,  for  he  that  is  false  to  the 
present  will  never  be  true  to  the  future." 

In  another  letter  directed  to  the  earl  of  Northumberland 
(that  we  may  know  the  wisdom  and  piety  of  the  king),  who 
had  sent  him  advertisement  of  the  queen's  weakness,  and 
advised  him  to  make  sure  his  title  by  apprehending  posses- 
sion in  time,  he  said,  "  That  man  can  neither  be  religious  nor 
just  that  dealeth  worse  with  his  neighbour  than  he  would  be 
dealt  withal ;  and  in  a  man  of  quality  it  can  be  no  wisdom 
to  leap  hedge  and  ditch,  and  adventure  the  breaking  of  his 
neck  for  gathering  forbidden  fruit  before  it  be  ripe ;  whenas 
by  attending  the  due  time,  he  may  be  sure  to  find  all  the 
gates  of  the  orchard  open,  and  with  free  scope  enter,  take 
and  taste  at  liberty.  Sure  it  were  a  great  weakness  and 
unworthiness  in  me  to  come  in  as  an  usurper,  with  offence 
and  scandal  to  the  laws  and  present  estate  of  government, 
when  I  may,  in  the  right  time,  claim  the  crown  as  nearest 
heir  to  the  prince  deceased,  and  possess  with  equity.  Should 
I,  out  of  untimely  ambition,  fall  to  break  the  long  continued 
and  faithfully  preserved  amity,  that  by  the  proof  of  many 
kind  offices  hath  taken  root  among  us,  it  were  an  error  inex- 
cusable. And  howbeit  I  do  acknowledge  your  kind  affection 
in  the  offers  you  make  of  assistance,  I  must  tell  you  freely, 
that  no  prince  can  presume  of  any  subject's  loyalty  to  himself 
that  hath  been  unsound  and  unfaithful  to  his  own  sovereign  ; 
nor  would  I  ever  look  to  be  secure  in  a  kingdom  so  traitor- 
ously disposed."  In  end,  he  advised  the  earl  to  forbear  such 
writing,   and  when  he  wrote  (which  he  wished  him  to  do 

'  Hinder. 


1 10      THE  HISTORY  OF  THE  CHURCH  OF  SCOTLAND,   [a.  I).  1603. 

rarely,  and  not  but  upon  great  occasions),  to  beware  of  any 
thing  that  might  justly  offend  the  queen,  lest,  by  interception 
or  other  misadventure,  he  might  be  disabled  to  serve  him  an- 
other day. 

This  Avas  the  king's  resolution,  which  God  so  blessed  as  it 
brought  him  within  a  short  time  after,  against  the  opinions 
and  desires  of  many,  to  the  quiet  and  peaceable  possession 
of  his  right  and  inheritance ;  for,  in  the  spring,  the  queen's 
disease  increasing  (which  was  judged  to  be  a  melancholy  in- 
corrigible, and  by  some  conceived  to  proceed  from  a  sorrow 
for  Essex,  others  ascribed  it  to  the  accepting  of  the  rebel 
Tyrone  to  peace),  and  all  apprehending  it  to  be  deadly,  the 
hearts  of  people  did  so  incline  to  the  king,  as  a  great  man  in 
that  state  did  write  unto  him,  "  That  all  England  was  grown 
to  be  Scottish."  The  queen  herself  continuing  constant  in 
her  aifection,  when  she  was  asked,  a  little  before  her  death,  by 
the  lord  keeper  and  secretary  (who  were  directed  by  the 
council  to  understand  her  will  touching  her  successor),  an- 
swered, "  None  but  my  cousin,  the  king  of  Scots."  After 
which  words  she  spake  not  much :  only  being  desired  by  the 
archbishop  of  Canterbury  (v/hom  she  would  not  suffer  to  go 
from  her  all  that  time),  to  iix  her  thoughts  upon  God,  she 
said,  "  So  I  do,  neither  doth  my  mind  wander  from  him  ; " 
and  then  commending  her  soul  to  God  in  devout  manner, 
died  most  patiently  and  willingly.  A  queen  incomparable  for 
wisdom  and  fehcity  of  government.  She  departed  this  life 
the  twenty-fourth  of  March,  in  the  seventieth  year  of  her 
age,  and  forty-fourth  of  her  reign.  The  same  day,  in  the 
forenoon,  the  king  of  Scots  was  proclaimed  king,  first  at  the 
palace  of  Whitehall,  next  at  the  cross  in  C-heapside,  within 
the  city  of  London,  with  an  infinite  applause  of  all  sorts  of 
people. 


NOTES  TO  BOOK  VI. 


NOTE  I.     Vol.  II.  p.  361 ;  Vol.  III.  pp.  5,  107. 

QUEEN  MARY  AND  HER  MAIDENS.— SCOTT  OF  BUCCLEUCH 
AND  FRANCIS  MOWBRAY. 

[Our  author's  account  of  the  death  of  Mary  queen  of  Scots  is  a  model  of  his- 
torical narrative.  Nevertheless,  some  circumstances  are  omitted  in  the  text 
which  seem  to  complete  the  dramatic  horrors  of  this  matchless  tragedy,  and 
may  be  here  supplied.  This  will  be  the  more  readily  excused,  as  even  Mr 
Tytler,  in  his  very  accurate  and  overflowing  history,  has  not  recorded  all  that 
we  are  about  to  add  from  contemporary  sources. 

On  the  morning  of  the  execution,  after  the  will  of  the  queen  had  been  read  to 
her  domestics,  which  she  herself  had  drawn  up,  and  signed  in  their  presence, 
and  while  on  her  knees  at  an  altar,  two  of  her  maidens,  Barbara  Mowbray,  and 
a  young  French  lady  of  the  name  of  Beauregard,  came  weeping  to  her  physician 
Burgoin.  Their  names,  they  said,  had  been  omitted  in  the  will,  and  they  im- 
plored Burgoin  to  mention  the  matter  to  her  majesty.  No  sooner  was  the  queen 
informed  of  this  distress,  than  she  rose  from  her  kneeling  posture,  and  wrote  an 
affectionate  remembrance  of  these  two  damsels  on  the  margin  of  her  testament. 
This  touching  trait  is  not  recorded  by  our  author,  and  had  escaped  the  modern 
historians,  from  Hume  to  Tytler. 

It  is  perhaps  more  extraordinary  that  the  precise  mode  of  the  decapitation 
has  been  imperfectly  and  erroneously  recorded  by  Spottiswoode,  Hume,  Robert- 
son, Scott,  and  even  by  Tytler  ;  though  this  last  enters  more  into  the  details, 
and  is  more  accurate,  than  his  predecessors.  Our  author  says,  "  Then  stretching 
forth  her  body  with  great  quietness,  and  laying  her  neck  over  the  block,  she 
cried  aloud,  In  manus  tuas,  Domine,  commendo  spiritum  meum.  One  of  the  exe- 
cutioners holding  down  her  hands,  the  other  at  two  blows  cut  off  her  head,  which, 
falling  out  of  her  attire,  seemed  to  be  somewhat  grey  "  (vol.  ii.  p.  361.).  This 
account  has  been  adopted  by  Hume,  Robertson,  and  Scott.  Tytler  is  nearer  the 
truth  when  he  says,  that  the  unhappy  queen  awaited  the  blow  in  a  sitting  pos- 
ture, expecting  to  be  beheaded  according  to  the  mode  of  capital  punishments  in 
France.  It  is  strange,  however,  that  this  accurate  and  indefatigable  historian, 
while  quoting  the  chronicle  where  the  true  details  are  to  be  found,  (Mort  de  la 
Royne  d'Escosse),  should  have  added, "  On  being  made  aware  of  her  mistake  she 
instantly  knelt  down,  and,  groping  with  her  hands  for  the  block,  laid  her  neck 
upon  it,  without  the  slightest  mark  of  trembling  or  hesitation,"  and  that  two 
strokes  of  the  axe  sufficed. 

But  there  was  not  vouchsafed  to  the  last  moments  of  poor  Queen  Mary's  suf- 
ferings the  same  quiet  dignity  that  invested  the  death-scene  of  her  grandson, 
Charles  I.  Without  the  slightest  disposition  on  her  part  to  resist,  or  shrink 
from  the  blow,  and  with  no  probable  intention  on  the  part  of  her  executioners 
(though  the  Catholics  suspected  it)  to  aggravate  the  death,  nevei'theless  was  the 


112  NOTES  TO   BOOK   VI. 

dying  prayer  of  the  Catholic  queen  disturbed  by  an  unseemly  struggle  with  her 
executioners.  One  of  them  wounded  her  on  the  head  with  his  axe,  ere  by  two 
subsequent  blows  he  severed  it  from  her  body.  The  queen  was  placed  upon  a 
low  seat  on  the  scaffold,  expecting  death,  from  a  sword,  in  that  sitting  posture  ; 
and,  keeping  her  person  rigid,  with  outstretched  neck  and  clasped  hands,  she 
was  reciting  from  the  Psalms,  when  the  two  executioners  (probably  mistaking 
her  attitude  for  resistance)  on  either  side,  seized  her  by  the  shoulder,  and  en- 
deavoured to  bring  her  head  to  the  block.  At  first  they  only  succeeded  in  throw- 
ing her  upon  her  knees.  In  that  posture,  and  still  awaiting  the  sword,  with  her 
neck  outstretched  for  the  blow,  she  continued  to  repeat  the  Psalms.  The  execu- 
tioners also  continued  to  exert  force  to  place  her  body  in  a  horizontal  position, 
and  at  length  succeeded  in  bringing  her  neck  down  to  the  billet  of  wood  that 
had  been  provided  for  the  purpose.  Then  she  placed  her  hand  under  her  chin, 
as  if  to  enable  her  to  give  utterance  to  prayer  ;  but  the  executioner  seized  it  and 
drew  it  away,  lest  it  should  be  cut  ofiF.  A  blow  immediately  followed  from  the 
axe,  which  the  indignant  narrator  describes  as  a  rude  cleaver,  altogether  unsuited 
for  the  purpose.  This  first  blow  fell  upon  the  back  of  her  head,  but  without 
penetrating  deeply.  A  second  blow  cut  the  neck  half  through  ;  and  the  third 
severed  the  head  from  the  body.  These  horrible  details  were  omitted,  naturally 
enough,  in  the  official  despatch  which  described  the  execution.  But  whoever 
reads  the  contemporary  narrative  will  find  no  room  to  doubt  that  it  is  the  faith- 
ful description  of  an  eyewitness.  The  writer  says  of  himself,  "  Preuez  en  bonne 
part,  je  vous  supplie,  la  grande  afiection  et  juste  regret  d'un  serviieur  fidele,  et 
de  bonne  volontd,  qui  ne  pent  endnrcr  que  I'honneur  de  sa  maistresse  soit  foule 
on  oficnce."  Nor  is  it  at  all  unlikely  that  the  interesting  and  melancholy  record 
was  penned  by  her  physician  Burgoin,  who  was  permitted  to  be  on  the  scafi"old. 
See  "  La  Mort  de  la  Royne  d'Escosse,"  1589  ;  reprinted  in  Jebb's  Collections, 
vol.  ii.  p.  609. 

One  affecting  incident  is  thus  shortly  told  by  the  same  chronicler.  When  the 
blood  was  about  to  be  removed  from  the  scaffold,  that  no  avenging  spirit  might 
steep  a  relic  therein, "  Put  trouve'e  une  petitte  chieune  dedans  sa  roble,  qu'il 
I'avoit  suivie  en  bas,  laquelle  une  grande  princesse  de  France  a  voulut  avoir 
pour  I'amour  de  la  defunte."  No  more  is  there  recorded  of  that  little  dog.  But 
another  contemporary  account  has  it  thus  :  "  There  was  one  remarkable  thing 
which  happened  at  her  execution,  and  which  ought  not  to  be  omitted,  and  that 
is,  the  strange  and  surprising  instinct  of  a  little  dog  that  she  had,  whom  they 
could  never  separate  from  her,  without  doing  violence  to  her  majesty  ;  shelter- 
ing himself  always  beneath  hor  royal  robes  ;  and  when  the  blood  began  to  flow 
about  him,  he  lap'd  some  of  it,  and  would  never  afterwards  be  induced  to  taste 
meat  or  drink,  but  died  for  grief."  The  anecdote  is  so  narrated  in  a  note  to 
Freebairn's  Life  of  Queen  Mary,  17"25,  quoting  "  A  Kelation  writ  by  an  Eyewit- 
ness, by  Secretary  Cecil's  Command,"  of  the  execution  of  Queen  Mary,  from  a 
copy  in  the  Advocates  Library. 

Tytler  says, "  Her  last  words  were, '  Into  thy  hands  I  commend  my  spirit,  for 
thou  hast  redeemed  mo,  O  Lord  God  oi  truth.'  "  But  it  was  not  so.  While  the 
executioners  were  yet  struggling  with  hor,  she  had  just  uttered  the  three  first 
words  Jn  manus  tuns  with  a  loud  voice,  when  the  first  erring  blow  descended 
on  the  back  of  her  head,  and  of  course  deprived  her  of  speech. 

It  is  not  generally  known  that  Barbara  .Mowbray,  whose  affectionate  distress, 
at  having  been  forgotten  in  the  will  of  her  royal  mistress,  is  mentioned  above, 
was  the  daughter  of  Sir  John  Mowbray  of  Barnbougle,  a  Scottish  baron  of 
ancient  descent,  whose  residence  in  the  neighbourhood  of  Edinburgh,  now  the 
property  of  the  carl  of  Kosebery,  has  recently  been  called  Dalmeny  Park.  The 
superseding  of  the  ancient  name,  which  signifies  the  point  of  land  of  the  victory 
of  strangers,  is  to  be  regretted.  See  a  characteristic  incident  of  the  times,  rela- 
ting to  the  place  of  Barnbougle,  and  Ilobert  Mowbray,  the  eldest  brother  of 


NOTES  TO  BOOK  VI.  113 

Barbara,  narrated  in  the  notes  to  book  v.  p.  217.  Barbara  Mowbray  had  an- 
other brother  of  the  name  of  Francis,  who  also  became  deeply  involved  in  the 
troubles  of  the  times.  Francis  Mowbray  was  the  intimate  companion  of  Sir 
AValter  Scott  of  Branxholm  and  Buccleuch,  warden  of  the  Liddesdale  marches. 
It  was  upon  the  13th  of  April  1596,  that  Buccleuch  performed  his  unparalleled 
feat  of  storming  the  castle  of  Carlisle,  and  rescuing  "  Kinmont  Willie." 

" '  Now  sound  out  trumpets,  quo'  Buccleuch, 
Let's  waken  Lord  Scroope  right  merrilie  ;' 
Then  loud  the  warden's  trumpet  blew, 
'  O  wha  dare  meddle  wi'  me  ! '" 

On  the  following  day,  Francis  Mowbray,  who  had  some  hand  in  the  above 
enterprise,  meddled  with  one  William  Schaw,  to  the  effect  of  running  a  rapier 
through  his  body,  for  which  slaughter  he  was  outlawed.  Robert  Birrel  records 
in  his  diary  the  exploit  of  Buccleuch  (so  admirably  narrated  by  our  author  at 
the  commencement  of  this  volume),  and  says,  it  was  performed  "  with  shouting 
and  crying,  and  sound  of  trumpet,  puttand  the  said  tonne  and  countrie  in  sic  ane 
fray,  that  the  lyk  of  sic  ane  wassaledge  wes  nevir  done  since  the  memorie  of  man, 
no  in  Wallace  dayis."  Thereafter  the  same  quaint  chronicler  notes,  "  The  I4th 
Aprylo  Mr  William  Schaw  wes  stricken  throu  the  bodie  with  ane  rapier,  bo 
Francis  Mowbray,  sone  to  the  laird  of  Barnbougle."  All  Scotland,  including 
the  monarch,  were  proud  of  the  storming  of  Carlisle,  which  so  deeply  wounded 
the  pride  of  Elizabeth  ;  but,  in  order  to  afford  her  some  slight  satisfaction,  Buc- 
cleuch was  confined  in  the  castle  of  St  Andrews,  "  under  pretext  of  intercomon- 
iug  with  Francis  Mowbray,  fugitive  for  the  hurting  of  William  Scliaw,  and 
making  him  his  secund  in  a  combat  undertaken  betwixt  him  and  young  Ces- 
fuirde,"  (Moysie's  Memoirs).  Our  author  (Spottiswoode)  has  not  noticed  this 
special  reason  assigned  for  Buccleuch's  durance  in  Scotland.  From  a  letter  to 
Anthony  Bacon,  dated  Edinburgh  ^Sd  November  159G,  it  appears  that  the  feud 
betwixt  the  Scotts  and  the  Kerrs,  which  so  greatly  disturbed  the  peace  of  Edin- 
burgh, had  been  stayed,  and  that  the  parties,  including  Francis  Mowbray,  joined 
^■hemselves  in  a  close  league  and  contract  with  the  popish  lords  and  their  con- 
federates. The  parties  to  the  league  (says  the  writer  of  the  letter)  were,  "  Tlie 
Lords  Hume  and  Sanqnire,  the  lairds  Cesford,  Baclugh,  Clasburn,  and  Kirk- 
mighil,  with  all  the  rest  of  their  assistants  in  those  parts,  who  not  only  subscribed, 
but  swore  to  follow  all  one  course  in  whatever  should  be  undertaken  by  any  one 
of  them.  This  contract,  by  a  general  consent,  was  given  to  Francis  Mowbray  to 
be  kept,  by  whose  means  I  had  the  sight  of  it ;  for  he  wonld  gladly  have  dealt 
with  my  lord  embassador  concerning  a  plot  that  he  had  devised  for  alteration  of 
the  state  of  these  Octavians  ;  the  which,  as  I  nnderstood,  should  have  been 
effected  by  those  persons  aforesaid  :  for,  said  he,  these  are  wise  men,  and  will 
seek  their  advantage,  either  by  the  queen's  majesty  of  England,  or  else  by  the 
king  of  Spain.  And  if  this  offer  of  their  service  take  not  effect,  or  be  not  em- 
braced of  the  English,  they  will  take  their  vantage  of  the  Spaniard.  But  because 
of  a  promise  that  my  lord  made  to  the  king,  that  he  zeold  in  no  sort  meddle  tvith 
Francis,  he  refused  to  deal  any  further  with  them,  save  only  that  he  had  the 
sight  of  the  contract ;  which  I  brought,  because  I  was  the  traveller  between 
them,  requested  thereto  by  Francis,  with  whom  I  have  been  in  great  friendship 
this  great  while,  and  am  yet.  Now,  I  understand,  that  he  is  a  special  doer  for 
the  earl  of  Huntly  ;  and  my  Lor;i  Sanquire,  who  is  the  chief  man  in  the  foresaid 
league,  hath  had  sundry  meetings  with  the  papists,  and  now  is  become  a  great 
courtier.  So  that  this  makes  gi-eat  appearance  to  affii-m  that  which  I  say  ;  yea, 
more  than  this,  my  Lord  Sanquire  is  to  be  excommunicated,  because  he  can  in 
no  wise  be  brought  to  subscribe  to  the  religion."  (See  Birch's  Collections  from 
the  Lambeth  MSS.  vol.  ii.  p.  205.) 

This  high  spirited  bat  turbulent  youth  came  to  an  ualimcly  and  tragical  end. 

VOL,   III.  8 


114  NOTES  TO  BOOK  VI. 

It  is  the  same  Francis  Mowbray  whose  sad  fate  our  author,  in  this  Book  (p. 
107),  narrates  shortly,  but  in  his  usual  graphic  manner.  In  justice,  however,  to 
the  sufferer,  the  story  requires  some  farther  elucidation.  There  was  no  evidence 
of  sufficient  credit  against  Francis  Mowbray  ;  who,  in  the  course  of  the  proceed- 
ings, addressed  this  remarkable  speech  to  his  sovereign  :  "  If  ever  I  thought  evil, 
or  intended  evil  against  my  prince,  God,  that  marketh  the  secrets  of  all  hearts, 
make  me  lo  fall  at  my  enemies  feel — make  me  a  spectacle  to  all  Edinburgh,  and 
cast  my  soul  in  hell  for  ever."  The  king  instantly  required  these  words  to  be 
recorded,  and  subscribed  by  Francis  Mowbray.  This  he  did  without  hesitation, 
and,  moreover,  demanded  the  trial  by  combat,  with  his  accuser,  Daniel ;  a  bold 
measure,  as  the  latter  was  an  Italian  fencing  master.  The  combat  was  allowed, 
and  the  5th  of  January  named  as  the  day  of  mortal  trial,  to  take  place  in  lists, 
prepared  for  the  occasion,  in  the  great  close  of  Holyroodhouso.  The  king  him- 
self, however,  postponed  the  ceremony,  under  pretext  of  "  confronting  Francis 
with  other  two  Scottish  men  sent  out  of  England  ;  Lot  of  light  accompt,  because 
they  had  spent  their  moyen,and  wes  forced  to  leave  the  country,"  (Calderwood). 
Meanwhile,  Francis  Mowbray  was  confined  in  the  castle  of  Edinburgh,  and  the 
Italian  in  another  chamber  immediately  above  him.  On  the  day  after  he  had 
been  confronted  with  the  witnesses  "  of  light  accompt,"  whose  evidence,  how- 
ever, only  tended  to  absolve  him,  and  longing  as  he  had  been  for  the  mortal  trial 
that  was  to  test  his  honour,  this  unhappy  youth,  was  found  dead  and  mangled 
at  the  foot  of  the  castle  rock,  as  our  author  narrates.  It  was  said,  that  endeav- 
ouring to  escape  by  means  of  his  sheets  and  blankets,  they  proved  to  be  too  short, 
and  he  was  killed  by  the  fall.  But,  adds  our  author,  "  his  friends  (for  ho  was 
well  born,  and  a  proper  young  gentleman)  gave  out  that  he  had  been  strangled, 
and  his  corpse  thrown  down  at  the  window.  But  this  carried  no  appearance, 
and  was  believed  of  few."    {Supra,  p.  107.) 

It  carried  some  appearance, nevertheless.  In  the  first  place,  from  the  manner 
in  which  the  Italian  had  been  lodged  in  the  castle,  above  the  cell  of  him  he 
accused,  it  might  be  said  that  i^Iowbray  had /a//e?i  at  his  enemy\  feet ;  and  these 
words  stood  recorded  against  him,  and  signed  by  himself,  according  to  the  king's 
command.  In  the  next  place  ;  it  was  upon  Sunday  the  30th  of  January  that 
Mowbray  was  killed,  and,  upon  Monday  following,  James  and  his  counsellors 
subscribe  a  letter  to  the  justice-clerk,  (in  which  great  stress  is  laid  upon  the 
evidence  of  guilt  derived  from  the  attempt  to  escape,)  desiring  liim  to  condemn 
the  dead  man  to  be  hanged  and  quartered,  and  his  quarters  to  be  exposed  upon 
the  most  public  places  of  Edinburgh.  Accordingly,  on  that  same  day,  the 
mangled  body  was  placed  at  the  bar  of  the  High  Court  of  Justiciary,  having 
boon  dragged  backwards  through  the  streets.  There  it  was  pronounced  against 
the  corpse,  for  doom,  "  to  bo  hangit  be  the  craig  upouu  ane  gibbet  besyde  the 
mercat  croce  of  Edinburgh,  and  his  body  quarterit,  and  his  heid,  ano  leg,  and 
ane  airm,  to  be  put  above  the  Nctlierbow,  ano  elne  above  tho  rest,  and  ane  athcr 
leg  to  be  hung  on  tho  Wcstport  of  Edinb\irgh,  and  ane  athcr  airm  to  be  hangiu 
uponn  the  Potterraw-poirt ;  and  all  his  lands,  <kc.,to  be  foirfalt  and  inbrocht  to 
our  sovcranc  lordis  use."    (Records  of  the  High  Court  of  Justiciary.) 

Francis  Mowbray,  as  our  author  tells  us,  was  "  a  proper  young  gentleman." 
In  these  few  significant  words  wo  have,  doubtless,  the  epitome  of  a  romance  in 
real  life.  He  was  a  fiery  youth,  attached  to  the  Catholic  cause,  and  an  active 
plotter.  But  there  was  no  sufficient  evidence  that  he  harboured  the  base  design 
of  assassinating  his  sovereign  ;  and  the  very  peculiar  manner  in  which  his  solemn 
denial  of  that  accusation  came  to  bo  applied  as  an  evidence  of  his  guilt,  could 
only  deceive  a  superstitious  age.  Thus,  under  a  process  most  revolting,  in  all  its 
features,  to  justice  and  humanity,  perished  a  sou  of  one  of  tho  finest  old  baronial 
houses  in  Scotland,  and  one  to  whom  the  noblest  gallant  of  his  ago,  Sir  Walter 
Scott  of  Buccleuch,  v/as  attached,  as  a  comi>auion  and  a  friend.  (See  Mr  Pit- 
cairn's  Collection  of  Criminal  Trials.) 


NOTES  TO  BOOK  VI.  115 

The  old  baron  of  Barubouglc,  Sir  John  Mowbray,  besides  liis  sons  Robert  and 
Francis,  had  five  daughters,  Agnes,  Elizabeth,  Marion,  Barbara,  and  Gilles. 
Their  fates  were  very  various.  Two  of  them  became  the  s/ep-wolhers,  respec- 
tively, of  the  two  most  remarkable  men  of  their  age,  "the  admirable  Crichton," 
and  "the  marvellous  Merchiston."  For  Agues  Mowbray  became  the  second 
wife  of  the  father  of  Crichton,  by  marriage-contract  dated  at  Barnbongle  Cth 
August  157"2,  "  betwixt  honorabill  persones,  Johno  Mowbray  of  Barnbongle,  and 
Agnes  Mowbray,  his  doctor,  and  Maistor  Robert  Creychton  of  Eliok,"&c. ;  and 
Elizabeth  Mowbray,  about  the  same  period,  became  the  second  wife  of  Sir 
Archibald  Napier.  Charters  were  granted  to  Sir  Archibald  Napier  of  Merchis- 
ton and  Edinbellic,  EHzabeth  Mowbray,  his  wife,  and  Alexander  Napier,  son 
and  heir  of  that  marriage,  of  the  lands  and  meadow  called  the  king's  meadow 
8th  February  1588  ;  and  of  half  the  lands  of  Lauraustoun,  &c.,  IGth  November 
15,03,  all  in  the  parish  of  Cramond.  Sir  Archibald  built  thereon  the  castle  of 
Lauriston,  which  was  inherited  by  his  son  Alexander,  above  named,  who  became 
a  Lord  of  Session,  by  the  title  of  Lord  Lauriston.  That  castle  still  exists,  though 
it  has  passed  through  a  variety  of  hands,  and  undergone  important  changes. 
There  is  still  to  be  seen,  among  the  decorations  of  two  of  the  windows,  the 
initials  S.  A.  N.  (Sir  Archibald  Napier),  and  D.  E.  M.  (Dame  Elizabeth  Mow- 
bray), which  no  doubt  have  often  puzzled  the  modern  possessors.  The  original 
tower,  a  fine  characteristic  structure,  was  added  to,  and  all  the  carved  stones 
carefully  preserved,  in  a  manner  that  docs  equal  credit  to  the  taste  and  feeling  of 
its  then  proprietor,  the  late  Thomas  Allan,  Esq.  It  has  recently  been  yet  more 
sumptuously  decorated,  under  the  no  less  tasteful  ausjnces  of  its  present  pro- 
prietor, her  majesty's  advocate  for  Scotland. 

The  fate  of  Barbara  and  Gilles  Mowbray  was  not  so  fortunate  as  that  of  their 
elder  sisters.  In  "  La  Mort  de  la  Royne  d'Escosse,"  which  records  the  severity 
of  the  English  government  towards  the  domestics  of  Queen  Mary,  this  sentence 
occurs  :  "  Le  Baron  de  Barneslrudgal,  gentilhomme  Escossois,  qui  avoit  deux  de 
sesjilles  en  prison,  vint  a  Londres,  on,  ayant  commandement  du  Roy  d'Escosse 
de  parler  pour  les  serviteurs  de  sa  mere,  poursuyuit  leur  deliverance."  There 
can  be  no  doubt  that  Barneslrudgal  is  a  corruption  of  Barnebougall,  and  that 
the  venerable  Scottish  baron  had  journeyed  to  London  chiefly  on  account  of  his 
two  daughters,  Barbara  and  Gilles.  The  household  of  the  queen  of  Scots  were 
treated  with  great  cruelty,  immediately  after  her  execution.  Her  forlorn 
domestics  humbly  prayed  to  be  allowed  to  depart  to  their  respective  abodes. 
They  were  detained,  however,  as  prisoners,  and  kept  in  constant  dread  of  death 
or  torture,  with  food  barely  sufficient  to  sustain  them.  None  of  them  were 
suffered  to  take  exercise,  or  to  move  without  a  gua^d.  Barbara  and  Gilles 
Mowbray,  whose  affection  for  the  queen  is  indicated  by  the  anecdote  already 
noted  of  the  former,  the  daughters  of  an  ancient  house,  young,  and  irreproach- 
able in  their  conduct,  were  cast  into  prison.  This  inhuman  step  appears  to  have 
brought  matters  to  a  crisis.  James  VI.  commissioned  Sir  John  Mowbray  him- 
self, as  an  intercessor  with  the  murderess  of  his  mother,  in  behalf  of  her  oppressed 
maidens  and"familiars.  The  result  was  their  release  ;  and,  immediately  after- 
wards, a  very  different  scene  arose  out  of  some  revulsion  of  feeling  on  the  part 
of  the  tigress  of  England.  About  the  period  of  the  baron  of  Barnbongle's  mission, 
information  had  been  sent  to  Elizabeth,  by  those  who  were  weary  of  watching 
the  body  of  her  victim,  and  of  tyrannizing  over  those  persecuted  domestics,  that 
the  embalming  had  failed,  and  part  of  the  leaden  coffin  given  way.  Some  sinister 
policy  of  her  own,  added  to  the  opportune  arrival  and  strong  remonstrance  of  Sir 
John  Mowbray,  at  length  determined  Elizabeth  to  order  the  remains  of  thn 
queen  of  Scots  to  be  interred  at  St  Peterborough,  with  the  pomp  suitable  to 
royalty.  The  same  curious  contemporary  account  from  which  these  details  are 
gathered,  informs  us,  that,  in  this  high  and  solemn  pageant,  "  Les  femmes  de  la 
Royne  d'Escosse  "  walked  in  the  following  order :    "  I\fpdamoyscUes  Barhc 


116  NOTES  TO  BOOK  VI. 

Mauhray;  Cristino  Sog ;  Oilles  Maubray ;  Elspoth  Curio;  Reneo  de  Rcaly  ; 
Mario  Pagcts ;  Janne  Kennedy  ;  Susanno  Korkady."  It  is  remarkable,  after 
all  that  has  been  said  and  sung  of  the  "  Queen's  Maries,"  to  find  only  one,  out  of 
the  eight  who  were  present  at  her  funeral,  who  bore  the  name  of  Mary.  When 
the  royal  procession  reached  the  chapel,  and  the  service  had  commenced  in 
English,  the  physician  Borgoin,  and  all  the  others  of  the  household,  rushed  out 
of  the  chapel,  with  the  exception  of  Sir  Andrew  Melville  and  Barbara  Mowbray. 

Amid  such  scenes,  and  from  this  soil  of  blood,  and  tears,  and  desolation,  it 
eeems  that  Ioto  was  springing.  Very  shortly  afterwards,  Jane  Kennedy  was 
married  to  Sir  Andrew  Melville,  and  Barbara  Mowbray  to  William  Curio.  This 
last  had  acted  as  secretary  to  Mary  for  more  than  twenty  years, — that  is,  since 
before  the  commencement  of  her  captivity  in  England.  His  extorted  evidence 
had  been  made  conducive  to  her  murder,  which  greatly  afiUcted  him.  Repeatedly 
his  sister,  Elspeth  or  Elizabeth  Curie,  used  to  fall  on  her  knees  before  the  queen, 
and  in  an  agony  of  tears  implore  forgiveness  for  her  brother.  Mary  always 
exonerated  William  Curie,  whom  she  loved  ;  and  accused  Nau,  the  French 
secretary,  of  misleading  him,  and  being  instrumental  in  her  death.  One  of  her 
latest  requests  to  the  earl  of  Kent,  rendered  more  earnest,  perhaps,  by  her 
knowledge  of  the  affection  that  subsisted  between  her  Secretary  and  Barbara 
Mowbray,  was,  that  William  Curie  should  be  suffered  to  depart  in  peace.  The 
earl  pledged  himself  for  his  safety,  and,  accordingly,  not  long  after  the  solemn 
pageantry  at  St  Peterborough,  William  Curie  with  his  spouse  Barbara  Mowbray, 
and  his  sister  Elspeth  Curie,  sought  security  and  consolation  in  a  Catholic 
country. 

I  know  not  what  became  of  Gilles  Mowbray,  who  probably  returned  to  Scot- 
land with  her  father.  As  for  Barbara,  her  remaining  history  is  no  less  curious 
than  interesting.  Some  time  in  the  last  century,  a  Flemish  gentleman  of  talent 
and  consideration  in  the  Low  Countries,  possessed  an  ancient  Flemish  manuscript, 
which  narrated  that  William  Curie,  accompanied  by  two  ladies  of  the  same 
name  (his  wife  and  sister  no  doubt)  came  over  to  Antwerp  after  the  execution  of 
the  queen  of  Scots,  carrying  with  them  a  portrait  of  that  unhappy  princess,  and 
her  head,  which  they  had  contrived  to  abstract ;  that,  in  the  little  church  of  St 
Andrew  there,  these  pilgrims  buried  their  fearful  relic  at  the  foot  of  one  of  the 
pillars,  where  they  resolved  that  their  own  tombs  were  eventually  to  be  ;  that 
to  this  pillar  they  attached  the  portrait  of  their  idol,  and  placed  near  it  a  marble 
slab  recording  her  fate.  Thus  far  the  Flemish  manuscript.  This  wild  legend  is, 
in  some  respects,  singularly  confirmed.  To  this  day  (or  within  a  recent  period) 
a  portrait  of  Queen  Mary  decorates  a  pillar  of  the  church  of  St  Andrew  in 
Antwerp.  Whoever  visits  that  little  church  now  may  read  the  inscription 
that  records  the  martyrdom  of  Queen  Mary.  Moreover,  they  may  peruse, 
graven  upon  the  slabs  that  cover  their  dust,  the  sad  story  of  two  females  buried 
there,  Barbara  Moiclruy  and  Elizabeth  Cvrle.  Barbara's  tomb  at  Antwerp 
records  her  fidelity  to  Queen  Mary,  and  also  the  fact,  that  slic  was  the  daughter 
of  Sir  John  Morrbray,  a  Scottish  baron.  It  also  states,  that  she  was  married  to 
William  Curie,  who  for  twenty  years  had  been  secretary  to  Queen  Mary  ;  and 
that  as  man  and  wife  thoy  lived  together  for  four  and  twenty  years  "sine 
querela"  and  reared  a  family  of  eight  children.  But  this  happy  union  had  not 
been  without  its  distresses.  For  the  Latin  inscription  proceeds  to  tell,  that  of 
their  eight  children,  six  were  called  to  heaven  before  their  parents,  and  two 
sons  only  were  spared,  upon  whom  they  bestowed  a  liberal  education  ;  that  James, 
becoming  a  member  of  the  society  of  Jesus,  settled  in  Madrid  ;  and  that  Hypolitus, 
the  younger,  was  attached  to  the  same  society  in  Belgio  Gaul,  being  rcfolvod  to 
<>nrol  himself  under  the  banners  of  Christ,  and  with  sad  tears  had  closed  tlio 
tomb  of  his  widowed  mother,  the  best  of  parents.  She  died,  it  is  further  .stated, 
a  widow,  upon  the  Slst  of  July  1617,  aged  fifty-seven.  As  her  mistress  was 
beheaded  in  the  month  of  February  1.587,  Barbara  Mowbray  must  then  have 


NOTES  TO  BOOK  VI.  117 

been  about  tweuty-seveu  years  of  ago.  The  same  stouc  narrates,  that  under  it 
also  reposes  tlie  body  of  Elizabeth  Curio  (she  who  had  been  on  the  scaflfbld  with 
Queen  Mary), "  semper  ccelebs"  who  died  upon  the  29111  of  May  1620,  aged  sixty. 
It  thus  appears  that  she  and  Barbara  Mowbray  were  of  the  same  age.  The 
inscription  bears  to  have  been  placed  by  Hypolitus  Curie,  the  brother  of  Eliza- 
beth. It  refers  to  the  monument  of  their  beloved  mistress  placed  above  them 
on  the  pillar,  but  aifords  no  confirmation  of  the  story  of  the  abstracted  head. 
There  are  few  obituaries  so  touching  as  this  tomb  in  the  Church  of  St  Andrew 
at  Antwerp. 

The  fate  of  Jane  Kennedy  (who  bound  the  embroidered  kerchief  upon  the  eyes 
of  Mary  on  the  scaffold),  if  less  romantic,  was  more  melancholy.  After  her  union 
to  Melville,  they  were  both  in  the  highest  favour  with  James  VI. ;  and  when 
that  monarch  was  arranging  the  preliminaries  of  his  marriage,  in  1589,  Sir 
Andrew  was  the  master  of  his  household  ;  and  the  lady  whom  he  selected  to 
attend  his  queen  was  Sir  Andrew's  spouse.  But  she  who  had  shrouded  the 
eyes  of  Mary  at  the  block,  was  not  destined  to  wait  on  the  mother  of  Charles  I, 
When  Jane  Kennedy  received  this  high  and  well  earned  mark  of  her  sovereign's 
confidence,  she  was  residing  in  Fife.  Though  the  storms  were  so  great  as  to  bo 
considered  the  effect  of  a  combination  of  witches  against  the  royal  alliance,  no- 
thing could  deter  her  from  instantly  crossing  the  water.  The  result  we  shall 
give  in  the  words  of  her  brother-in-ia,w.  Sir  James  Melville  : 

"  The  stormes  wer  also  sa  gret  heir,  that  ane  boit  perissit  between  Brunteland 
and  Leith,  wherein  was  a  gentilvvoman  callit  Jane  Kenete,  wha  had  been  lang 
in  England  with  the  queen  his  majestee's  mother  ;  and  was,  sensyu,  maried  upon 
my  brother,  the  maister  houshald  to  his  majestie.  Sir  Andro  Melville  of  Garvok. 
Quhilk  gentilwoman,  being  discret  and  grave,  was  sent  for  be  his  majestic  to  be 
about  the  queen  his  bed-fallow.  Sche,  being  willing  to  mak  deligence,  wald  not 
stay,  for  the  storm,  to  saill  the  ferry  ;  when  the  vehement  storm  drave  a  schip 
forceably  upon  the  said  boit,  and  drownit  the  gentilwoman,  and  all  the  persons 
except  twa.  This  the  Sootis  witches  confessit,  unto  his  majestie,  to  have  done."  J 


NOTE  II.     Vol.  II.  p.  441. 

THE  SPANISH  BLANKS— PROCEEDINGS  OF  THE  KIRK— NAPIER 
OF  MERCHISTON  AND  KING  JAMES— PROGRESS  OF  SCIENCE. 

[Our  author  narrates  the  history  of  that  popish  plot,  which  is  known  by  the 
name  of  the  conspiracy  of  the  "  Spanish  Blanks,"  in  his  usual  minute  and  inter- 
esting style.  But  he  has  not  recorded  all  the  circumstances  attending  the  fate 
of  the  unfortunate  sufferers.  "  Mr  George  Kerr,"  says  the  archbishop  (p.  425, 
vol.  ii.), "  at  his  examination,  did  ingenuously  confess  all  that  he  knew  of  the 
business."  Dr  Robertson,  in  his  History  of  Scotland,  comes  a  point  nearer  the 
truth.  Me  says,  "  But  Ker's  resolution  shrinking  when  torture  was  threatened, 
he  confessed  that  he  was  employed  by  these  noblemen  to  carry  on  a  negotiation 
with  the  king  of  Spain."  Dr  M'Crie,  in  his  life  of  Andrew  Melville,  has  it, 
that,  "  Graham  of  Fintry,  and  Ker,  being  both  examined  before  the  Privy 
Council,  testified"  &c.  Even  Mr  Tytler  has  not  recorded  the  circumstances, 
although  he  mentions,  in  a  cursory  manner,  that  Ker's  confession  had  been 
extorted  by  torture  under  the  superintendence  of  the  king  himself.  But  David 
Moysie,  in  his  contemporary  memoirs,  says, "  It  wes  thocht  meit,  because  of 
Mr  George  Keris  denyeH,  that  he  suld  be  butted;  and  the  Justice-clerk  (Bellen- 
den),  and  Mr  William  Hairte,  being  bosted  be  his  freindis,  durst  not  doe  the 
earn  untill  the  tyme  his  majesty,  taking  the  maiter  hiechly,  n.iold  have  the  same 


118  NOTliS  TO  KOOK  VI. 

donne ;  and,  efter  the  secand  streak,  he  crtjed  for  mercie,  and  confest  all,"  (p. 
100.)  This  record  affords  an  important  comment:iry  upon  that  sentence  of  our 
author,  Spottiswoode,  where  he  says,  (p.  426),  "  This  so  manifest  a  discovery  of 
popish  plots,  tending  not  only  to  the  overthrow  of  roli^ion  but  also  of  the  realm , 
which  by  this  treasonable  practice  should  have  been  reduced  to  a  miserable 
slavery,  did  animate  the  king  much  against  the  Jesuits."  The  confessions,  with 
the  intercepted  blanks  and  letters,  were  all  published  at  the  express  command 
of  the  king,  and  with  an  admonitory  preface,  like  a  sermon  on  the  occasion, 
drawn  up  by  a  minister.  The  treatise  issued  from  the  press  of  the  king's  printer, 
Robert  Waldcgrave,  1593.  Mr  Pitcairn  has  reprinted  the  confessions  in  his 
Criminal  Trials,  and  considers  the  tract  almost  unique.  There  is  one  copy  in 
that  gentleman's  possession,  and  another  in  the  Advocates  Library.  The  king's 
own  violent  and  cruel  conduct,  in  the  invest i;^ation  of  the  affair  of  the  Spanish 
blanks,  of  course  encouraged  the  excitement  cf  the  Kirk  against  the  popish  lords ; 
nor  is  it  to  be  wondered  at,  that  the  commissioners  should  have  reminded  him 
of  his  own  demeanour  and  expressions,  upon  the  fearful  occasion  which  our 
author  so  simply  records  as  "the  hearing  of  Mr  George  Kerr  his  confession," 
(p.  441). 

It  is  somewhat  singular,  that  no  historian  of  the  period,  from  Spottiswoode  to 
Tytlcr,  should  have  noticed,  that  the  leading  commissiouer  from  the  Kirk,  at 
this  eventful  crisis,  was  the  most  remarkable  man  of  his  day,  John  Napier  of 
Merchistou,  who  at  the  very  time  was  brooding  over  the  wonderful  conception 
which  so  completely  revolutionized  science  iu  the  seventeenth  century.  It  is 
difficult  to  say  whether  he  himself  regarded  that  laborious  and  immortal  work, 
or  his  no  less  laborious  but  mortal  antipathy  to  the  Popedom,  as  the  principal 
mission  of  his  genius  upon  earth.  Certainly  his  mind  was  about  equally  divided 
between  the  mysteries  of  Numbers  and  tlie  mysteries  of  the  Apocalypse  ; 
and  while  calculating  the  Canon  Mirijicus  Loyarithmcrum,  he  was  at  the 
same  time  miscalculating  the  day  of  judgment.  Tlio  affair  of  the  Spanish 
blanks  had  greatly  excited  him  ;  so  much  so,  that  upon  this  occasion  only, 
during  all  his  life,  he  emerged  from  the  deep  shadow  of  his  mystciiuus  studies, 
to  become  a  public  agitator.  The  whole  circumstances  connected  with  his 
intervention,  for  tlie  Kirk,  with  the  king  at  this  crisis,  are  so  curiously  illus- 
trative of  the  times  as  to  occasion  regret  that  the  narrative  had  not  found  its 
proper  place  in  the  pages  of  Spottiswoode, 

It  was  known  that  the  eldest  son  of  the  master  of  the  mint  was  highly  and 
rarely  gifted.  Mr  Pvobcrt  Pont,  particulai-ly  mentioned  by  our  author  as  a  leader 
of  the  Kirk,  was  the  parish  minister  of  the  barony  of  Merchiston,  and  the 
intimate  friend  of  the  "  fear  of  Merchiston,"  or  young  laird  ;  who,  by  the  way, 
was  only  fifteen  years  younger  than  his  venerable  father.  His  very  learned 
minister  Pout,  at  once  an  accomplished  mathematician  and  a  profound  theolo- 
gian, iu  one  of  his  abstruse  works  refers  to  Napier  as  "  honoratum  et  apprimfe 
eruditum  amicum  nostrum  fidelem  Christi  servum,  Joauuem  Naperum,  cujus 
extant  in  Apocalypsin  u5ro|t<v>i^aTa,"(DoSabbaticorum  AnuorumPeriodis,  1619.) 
Sir  John  Skene  of  Curriehill,  clerk-register,  to  whom  we  owe  the  first  collection 
of  the  Scottish  Acts  of  parliament, the. /iVi/i^m  I\fajestatem,the  Quoniam  Atlachia- 
menta,  and  the  De  Verboriim  Signljicationc,  being  puzzled  with  an  article  in  the 
last  mentioned  treatise,  tells  us  that,  in  order  to  extricate  himself,  '*  I  thought 
gud  to  propone  certaine  questions  to  John  Naper,  fear  of  IMorchistoun,  ane 
gentleman  of  singular  judgment  and  learning,  especially  in  the  mathomatiquo 
sciences."  As  that  work  was  only  published  iu  1597  (seventeen  years  before  the 
publication  of  the  Logarithmic  Canon),  Skene's  estimate  of  Napier  was  contem- 
poraneous with  his  taking  up  the  cause  of  the  Kirk  against  the  plots  of  Spain. 
There  is  evidence,  however,  not  a  little  curious  and  interesting,  that  even  before 
this  time  the  King  of  Numbers  folt  perfectly  assured  in  his  own  mind  of  his 
great  discovery,  as  will  appear  in  the  scqncl. 


NOTES  TO  BOOK  VI.  119 

Speaking  of  the  destruction  of  the  Spanish  Armada  ia  1588,  our  author^ 
Spottiswoode,  says, "  This  was  the  marvellous  year,  talked  of  so  long  before  by 
the  astrologues,  which  this  defeat,  and  the  accidents  that  fell  forth  in  France 
about  the  end  of  the  same  year,  did  in  a  part  make  good,"  (vol.  ii.  p.  389.)  The 
other  remarkable  events  of  the  period  were,  the  death  of  Catherine  de  Medicis, 
("  bludie  Jezabell  to  the  sancts  of  God,"  as  James  Melville,  the  minister,  calls  her 
in  his  diary),  the  murders  of  the  Duke  and  Cardinal  of  Guise,  at  the  instigation 
of  Henry  III.,  and  the  assassination  of  that  monarch  himself.  These  events  are 
thus  succinctly  recorded  by  Melville.  "  The  Due  and  Cardiuale  wer  sleau  in  Decem- 
ber 1588  ;  the  quein,  for  hartscarness,  foUowit  in  Januar ;  and  the  king  was  stickit 
the  August  following,"  (Diary,  p.  177).  If  even  in  the  nineteenth  century,  when 
superstition  is  understood  to  be  banished  from  civilized  life,  the  scripture  mys- 
teries are  continually  supposed  to  be  revealed  by  political  events,  we  must  not 
wonder  that  in  the  year  1588  such  events  were  regarded  as  the  fulfilment  of 
ancient  prophecy.  The  mind  of  Napier  was  particularly  agitated  at  that  alarm- 
ing crisis.  He  had  been  long  brooding  over  the  depths  of  the  Apocalypse.  Be- 
fore he  had  completed  his  fourteenth  year,  and  when  at  the  college  of  St 
Andrews,  he  had  held  disputations  on  the  subject,  of  which  ho  gives  this  very 
graphic  account :  "  In  my  tender  years  and  bairuago  in  Sauct  Androis,  at  tho 
schooles,  having  ou  the  one  part  contracted  a  loving  famiUarity  with  a  certain, 
gentleman,  a  papist,  and,  on  the  other  part,  being  attentive  to  the  sermons  of 
that  worthy  man  of  God,  Maister  Christopher  Goodman,  teaching  upon  the 
Apocalyps,  I  was  so  moved  in  admiration  against  the  blindness  of  papists,  that 
could  not  most  evidently  see  their  seven-hilled  city,  Rome,  painted  out  there  so 
lively  by  Saint  John,  as  the  mother  of  all  spiritual  whoredom,  that  not  only 
burstil  I  out  in  continual  reasoning,  against  my  said  familiar,  but  also  from 
thenceforth  I  determined  with  myself,  by  the  assistance  of  God's  Spirit,  to  em- 
ploy my  study  and  diligence  to  search  out  the  remanent  mysteries  of  that  holy 
book  :  as,  to  this  hour,  praised  be  the  Lord,  I  have  been  doing  at  all  such  times 
as  conveniently  I  might  have  occasion."  Galileo,  when  a  few  years  older,  was 
also  roused  to  powerful  mental  exertion,  in  the  house  of  God.  But  it  was  his 
eye,  not  his  ear  that  was.attracted, — a  characteristic  diiference  between  the  prac- 
tical and  the  speculative  philosopher  which  continued  throughout  their  respec- 
tive careers.  In  the  cathedral  of  Pisa,  to  which  city  the  young  Italian  had 
been  sent  for  the  benefit  of  an  university  education,  he  fixed  his  gaze  upon  the 
vibrations  of  a  lamp.  Amid  the  pageantry  of  that  worship  against  which 
Napier  warreJ,  and  of  which  Galileo  was  the  victim,  he  watched  with  the  eye  of 
an  eaglet  the  isochronal  movements  of  the  chain,  and  measured  them  by  tho 
beatings  of  his  pulse.    The  result  was  the  pendulum. 

But  to  return  to  Napier  and  the  "marvellous  year  ;"  he  also  tells  us  himself, 
that  after  many  doubts  and  despairings,  at  length  a  light  from  above  seemed 
suddenly  to  burst  upon  his  hitherto  obscure  and  painful  lucubrations.  "  Then," 
says  he,  "  greatly  rejoicing  in  the  Lord,  I  began  to  write  thereof  in  Latin,  yet  I 
purposed  not  to  have  set  out  the  same  suddenly,  and  far  less  to  have  written  tlio 
same  also  in  English  ;  till  that  of  late,  this  new  insolency  of  papists,  arising 
about  the  1588  year  of  God,  and  daily  increasing  within  this  island,  doth,  so  iiitij 
our  Itcarls,  seeing  them  put  more  trust  in  Jesuits  and  seminary  priests  than  in 
the  true  Scriptures  of  God,  and  in  the  Pope  and  king  of  Spain  than  in  the  King 
of  kings,  that,  to  prevent  the  tame,  I  was  constrained  of  compassion,  leaving  the 
Latin,  to  haste  out  in  English  this  present  work,  almost  unripe,  that  thereby  the 
simple  of  this  island  may  be  instructed,  the  godly  confirmed,  and  the  proud  and 
foolish  expectations  of  the  wicked  beaten  down  ;  purposing  hereafter,  God  will- 
ing, to  publish  shortly  tho  other  Latin  edition  hereof,  to  the  publick  utility  of 
the  whole  Church." 

This  was  written  with  a  direct  reference  to  the  exciting  circumstances  under 
which  Napier  was  commissioned  from  the  Kirk  to  the  king,  in  the  year  1593, 


120  NOTES  TO  BOOK  VI. 

For  a  time  his  miud  was  completely  engrossed  with  these  stormy  politics,  which 
were  coincident  with  his  labours  to  demonstrate,  by  means  of  a  scientific  ana- 
lysis of  the  Scriptures,  that  the  end  of  all  things  was  not  far  distant.  Yet  it  can 
be  proved  that  even  in  the  "marvellous  year,"  1588,  he  alone  of  all  the  world, 
and  in  the  days  of  Tycho,  GaUlco,  and  Kepler,  was  laboriously  working  out  the 
discovery  of  the  Logarithms,  although  he  did  not  present  that  powerful  lever  to 
science  until  the  year  1614.  The  risk  was,  that  his  literary  crusade  against  the 
Popedom,  and  his  devotion  to  the  affairs  of  the  Kirk,  might  have  buried  the 
secret  in  his  grave.  And,  indeed,  his  own  ardent  anticipations,  which  he  an- 
nounces in  the  preface  to  his  great  mathematical  work,  of  the  mighty  impetus 
thus  about  to  bo  afforded  to  human  investigation  iu  its  highest  departments, 
must  have  been  somewhat  checked  and  mortified  by  the  persuasion,  that,  in  the 
course  of  a  very  few  generations,  the  dominion  of  man  upon  earth  was  to  cease, 
and  the  heavens  to  pass  away  like  a  scroll. 

The  circumstances  under  which  Napier  was  placed  at  the  head  of  the  com- 
mission from  tlie  Kirk  are  somewhat  curious.  He  had  now  for  a  long  time  been 
married  to  his  second  wife,  Agnes  Chisholra,  the  daughter  of  Sir  James  Chis- 
holm  of  Cromlix,  by  whom  he  had  a  numerous  family  of  sons.  His  only  son  by 
his  first  marriage  to  Elizabeth  Stirling  of  Keir,  was  at  this  time  attached  to  tho 
household  of  the  king ;  and  served  him  faithfully  afterwards  in  England,  for 
fifteen  years,  as  gentleman  of  his  bed-chamber.  James,  when  on  his  deathbed, 
recommended  Archibald  Napier  to  Charles  I. ;  and,  accordingly,  he  was  the  first 
Scotchman  whom  that  monarch  raised  to  the  peerage.  While  on  the  one  hand 
there  was  this  Unk  between  John  Napier  and  the  Court,  on  the  other  a  yet  closer 
tie  existed  between  him  and  the  persecuted  party  of  the  popish  lords.  In  the 
confession  extorted  by  the  king  from  poor  Ker,  (who  was  the  brother  of  Lord  New- 
bottle,)  by  that  infernal  instrument  the  iron  boot,  he  states,  "  That  the  filling  of 
the  blanks  was  trusted  to  Mr  William  Crichton  and  Mr  James  Tyrie  ;  and  that 
Sir  James  Chisholme,  one  of  the  king's  master  households,  was  first  cho?on  to  be 
carrier  of  the  blanks ;  but  that  he  being  impeded  through  some  private  business, 
they  were  delivered  to  him  (Ker)  subscribed  in  the  beginning  of  October,  he 
being  then  in  Edinburgh,"  (p.  42G.)  Napier's  father-in-law  bad  thus  escaped 
the  iron  boot,  but  was  not  allowed  to  rest  by  the  Ku'k.  "  Tho  ministers  of  the 
synod  of  Fife,"  says  Spottiswoode,  "  meeting  at  St  Andrews  in  the  beginning  of 
October  1593,  did  summarily  excommunicate  the  earls  of  Angus,  Huntly,  and 
Erroll,  the  Lord  Home,  and  Sir  James  Chisholme.  They  sent  letters  also  to  all 
the  presbyteries,  desiring  their  excommunication  to  bo  published  in  all  tho 
churches  ;  and  particularly  required  the  ministers,  and  well-affected  barons,  to 
advise  what  course  was  fittest  to  take  for  defence  of  religion,  and  repressing  the 
practices  of  enemies,"  (p.  437.)  This  rabid  synod  was  very  violent  against  the 
delinquents,  declaring  them  "■ipso  facto  cut  off  from  Christ  and  his  Kirk,  and  so 
become  most  worthy  to  be  declared  excommunicated,  and  cut  off  from  the  fel- 
lowship of  Clirist  and  his  Kirk,  and  to  be  given  over  to  the  hands  of  Satan, 
whose  slaves  they  are,  that  they  may  learn,  if  it  so  please  God,  not  to  blaspheme 
Christ  or  his  Gospel."  They  added  that, "  the  said  Sir  James  Chisholm  being 
one  of  the  principal  complices  and  devisers  of  their  most  malicious  plots,  the 
said  synod  found  that  they  had  good  interest  and  occasion  to  excommunicate 
and  cut  him  off,"  &c.  (Calderwood.)  If  John  Napier's  numerous  family  attended 
their  parish  church  on  the  day  appointed,  they  must  have  heard  pronounced  from 
the  pulpit  their  grandfather's  doom,  to  bo  excluded  from  tho  social  comforts  of 
life,  the  blessings  of  the  Church,  and  delivered  into  the  hands  of  Satan  ;  and  this 
under  the  auspices  of  their  own  father. 

As  Spottiswoode  narrates  (vol.  ii.  p.  4.".}$),  this  violent  proceeding  on  the  part 
of  the  Kirk  greatly  incensed  the  king,  although  his  own  treatment  of  the  brother 
of  the  Abbot  of  Ncwbottle  set  the  liighcet  example  to  such  tyrannical  oppret- 
siou.    But  our  author  has  passed  over  in  a  very  cursory  manner  the  graphic 


NOTES  TO  DOOK  VI.  121 

incident  of  the  popish  lords'  appeal  to  the  king  on  the  highway,  which  acceler- 
ated the  violent  proceedings  of  the  Kirk  against  them. 

On  the  r2th  October  1593,  King  James,  harassed  by  his  clergy  and  haunted 
by  witches,  now  dreading  the  king  of  Spain,  and  now  in  terror  for  the  wild  earl 
of  Bothwell,  was  trotting  at  the  head  of  his  retinue  to  the  borders,  with  the 
temper  of  a  goaded  ox.  Suddenly  a  most  unwelcome  apparition  arrested  his 
progress  at  Fala.  The  earls  of  Angus,  Huutly,  and  Erroll,  and  Sir  James 
Chisholme,  had  been  hiding  themselves  among  the  mountains.  Aware  of  the 
royal  progress,  they  determined  to  extort  some  favourable  expressions  from  the 
king  himself,  and  most  unexpectedly  started  up  in  his  path,  at  the  foot  of  Soutra 
hill.  Falling  on  their  knees  before  him,  they  earnestly  implored  a  fair  trial,  and 
that  they  should  not  be  condemned  unheard.  James,  though  favourable  to  the 
supplicants,  was  very  much  alarmed  for  the  interpretation  that  might  be  put  on 
this  audience,  and  refused  to  treat  with  them.  But,  instead  of  ordering  them 
into  custody,  he  dismissed  them  without  committing  himself,  and  immediately 
sent  a  report  of  the  whole  affair,  by  the  master  of  Glammis  and  the  abbot  of 
Lindores,  to  Queen  Elizabeth's  ambassador  and  the  clergy  in  Edinburgh.  "  It 
was,"  says  the  minister  Melville,  in  his  diary,  "  verie  greivus  to  the  Breathrin 
to  heir  that  the  saids  excummunicat  lords  haid  repearit  to  his  majestic,  and 
spoken  him  at  Faley,  even  immediately  before  the  meeting  of  the  Kirk.  This 
\ra,s  given  in  commission  to  be  regratit." 

Upon  this  it  was,  that  the  excommunication  of  these  persecuted  noblemen  and 
gentlemen  of  the  popish  persuasion,  was  ratified  in  a  very  excited  convention  of 
the  Kirk,  on  the  17th  October  1593,  and  public  proclamation  of  the  same 
ordained  to  be  made  from  all  the  pulpits.  The  same  convention  appointed  a 
select  committee  to  follow  the  king  wherever  he  was  bound,  and  to  lay  before 
him,  in  a  personal  interview,  certain  instructions  for  the  punishment  of  the 
rebels,  the  safety  of  the  Kirk,  and  the  quieting  of  the  public  mind.  This  mission 
was  considered  so  perilous,  that  the  ministers,  not  usually  backward  in  the 
political  storms  of  their  religion,  declined  it  very  nearly  to  a  man.  Their  sturdy 
moderator,  however,  James  Melville,  then  stepped  forward  to  assert  the  courage 
of  the  school  of  Knox.  The  two  barons  selected  for  the  adventure  must  have 
been  considered  among  the  most  able  and  courageous  of  the  convention.  And 
certainly  it  affords  a  curious  trait  of  the  times,  that  the  leading  commissioner, 
and  who  no  doubt  must  have  been  the  spokesman  with  the  king,  was  the  son-in-law 
of  Sir  James  Chisholme,  a  principal  delinquent ;  namely,  John  Napier  younger  of 
Merchiston.  James  Melville,  in  his  diary  (p.  208),  says,  "  It  behoved  me  (all 
uther  refusing  except  Mr  Patrick  Galloway,  the  kingis  ordinar  minister,  who 
was  to  go  thither)  to  tak  jorney  to  Jedwart,  accompanied  with  twa  barrones, 
the  lairds  of  Merchiston  and  Caderwoode,  and  twa  burgesses  of  Edinbruche  ; 
whar  finding  the  king,  were  hot  bauchlie  lookit  upon."  That  the  leading  com- 
missioner was  the  philosopher,  and  not  his  father,  is  distinctly  proved  by  the 
following  record : 

"17  October  1593.  Petitiones  per  commissarios  Ecclesue  Scoticarue  Regi 
exhibitae."  [Here  follows  the  petition.]  "  Theise  foreseid  petitionis  and  conclu- 
sions being  read  and  considered  by  the  commissioners  of  the  Kirk,  barons  and 
burghs  present,  the  said  commissioners  agreed  to  the  same,  and  promised  to 
stand  by  them  ;  and,  for  this  purpose,  hath  directed  in  commission  these 
brethren,  the  laird  of  Merkinston  younger,  the  laird  of  Calderwood,  the  com- 
missioners of  Edenburghe  and  Dundee,  Mr  Patrick  Galloway,  and  Mr  James 
Melville,  to  present  these  humble  petitionis  to  the  kingis  majestie,  and  to  re- 
tourne  his  majestie's  answer  back  with  all  diligence.  Ordains  the  excom- 
munications of  the  earls  of  Huntly,  Angusse,  and  Erroll,  the  laird  of  Auchin- 
downe,  and  Sir  James  Chesholrae,  to  be  intimate  in  all  the  kiikes  of  Lowthian, 
the  next  Sabbothe."  (Bibl.  Cotton,  Caligula,  d.  2,  fol.  190  ;  Fwdera,  xvi.  p.  222.) 

The  reception  of  these  commissioners  by  his  majesty  at  Jedburgh,  and  what 


122  NOTES  TO  BOOK  VI. 

passed  upon  the  occasion,  is  narrated  by  our  author  (vol.  ii.  pp.  440,  441),  who 
adds,  "  After  these  speeches,  they  humbly  besought  his  majesty  to  vouchsafe 
the  Assembly  some  answer  in  writing  ;  but  he  absolutely  refused,  and  so  they 
took  their  leave."  James  Melville,  however,  expressly  says,  that  they  got  their 
answers  in  writing  next  morning.  Upon  the  20th  of  October,  the  convention 
received  the  commissioners,  "their  brethren,  and  good  frendes,  the  larde  of 
Warchistou  younger"  &c.,  who  delivered  the  king's  answers.    {Fcedera,  xvi.) 

It  is  also  remarkable  that  Spottiswoode  should  have  been  ignorant,  or  have 
omitted  to  record,  that  the  leading  commissioner  for  the  Kirk  at  this  desperate 
crisis  followed  np  his  unsatisfactory  interviews  with  a  severe  lecture  to  his 
Majesty  ;  and  this  in  the  form  of  a  published  letter,  framed  in  the  most  uncom- 
promising and  dictatorial  spirit  of  the  Kirk,  though  tempered  with  the  language 
and  manner  of  a  gentleman.  This  bold  and  somewhat  rash  remonstrance,  was 
ere  long  translated  into  all  the  languages  of  Europe.  It  was  in  the  month  of 
October  1593,  that  the  commissioners  met  the  king  at  Jedburgh,  and  afterwards 
at  Linlithgow.  A  third  deputation  laid  the  same  petition  before  him  in  Decem- 
ber following  ;  because,  in  the  intermediate  month  of  November,  the  act  of 
abolition  had  been  proclaimed,  to  the  great  dismay  and  dissatisfaction  of  tho 
protestant  party.  Now,  tho  following  letter  (prefixed  by  way  of  dedication  to 
Napier's  "  Plain  Discovery,")  is  dated  at  Merchiston  the  2J)th  of  January  1593, 
— that  is  to  say,  the  month  oi  JnuMary  fol/oicinr;  the  audiences  with  his  Majesty, 
the  25th  of  March  being,  at  that  period,  reckoned  New  Year's  Day. 

"  To  the  Right  Excellent,  High  and  Mightie  Prince,  James  the  Sixt. 
King  of  Scottes,  Grace  and  Peace,  &c. 
"  Forsomuch  (right  highe  and  mightie  Prince)  as  both  this  our  divine  prophet 
St  John,  intreating  here  most  speeiallie  of  the  destruction  of  tho  Auti-christian 
seate,  citie,  and  kingdomo,  doth  direct  the  execution  of  that  great  worke  of 
God's  justice  and  just  judgement  to  the  kings  of  the  earth  :  as  also,  tho  whole 
prophets  of  al  ages  have  for  the  most  part  directed  al  their  admonitions  gene- 
rally to  kings,  princes,  and  governors,  to  tho  effect  that  they  (as  Heads-men) 
being  by  holy  admonitions  forewarned,  might  (according  thereto)  holdo  all  the 
whole  body  of  their  commoun  wealth  in  good  order, — for  certaine  it  is  that  the 
heade,  being  well  affected,  will  of  ncccssitie  ministrat  health  and  wholsomo 
humors  to  the  whole  body, — Therefore  it  is  likewise  the  dutie  of  God's  servants 
in  this  age,  interpreters  of  prophecies,  as  well  (according  to  the  example  of  tho 
prophet^^)  to  incourage  and  inanimate  princes  to  be  ready  against  that  greate 
day  of  the  Lord's  revenge,  as  also  to  exhort  them  generally  to  remove  all  such 
impediments  in  their  cuntrics  and  common  wealths  as  may  hinder  that  work 
and  procure  God's  plagues.  For  the  which  causes  wee,  also  all  your  Majesties 
subjects  that  any  waies  (how  litle  soever)  have  addicted  our  studies  unto  these 
propheticall  mysteries,  do  not  onely  crave  your  Highness  to  abide  conr^tant  and 
couragious  against  that  day  of  the  destruction  of  that  Apostatik  seate  and  citie, 
in  case  (God  willing)  it  fall  in  your  time,  but  also  in  tlie  meantime,  nntill  the 
reformation  of  that  idolatrous  seate,  to  be  preparing  and  purging  your  Majesties 
own  scat  and  kingdom  from  all  the  enemies  of  that  cause  :  yea,  and  from  all 
others  any  waies  enemies  or  abusers  of  justice.  For  vercly  and  in  tinieth,  such 
is  the  injury  of  this  our  present  time,  against  both  the  Church  of  God  and  your 
Majesties  true  lieges,  that  Religion  is  despised,  and  Justice  titterly  neglected  : 
for  what  by  Atheists,  Papists,  and  cold  professors,  the  religion  of  God  is 
mocked  in  al  estates  :  Againe,  for  partialitio,  prolixitie,  dearth,  and  deceitful- 
ness  of  lawcs,  tho  pooro  parishe,  the  proud  triumphe,  and  justice  is  no  wlicre  to 
bo  found.  Praying  your  Majestic  to  attend  your  self  unto  these  enormities,  and 
(without  casting  over  the  credito  thereof  to  wrong  wresters  of  justice)  your 
Majesties  self  to  wit  certainly  that  justice  bo  <lono  to  these  your  true  and  godly 
lieges,  against  the  enemies  of  God's  church,  and  their  most  cruell  oppressors  : 


NOTES  TO  HOOK  VI.  123 

Assuring  your  Majesty,  be  concordance  of  al  Scriptures,  that  if  your  Majestio 
ministrate  Justice  to  them,  God  the  supreme  judge  shal  ministrate  justice  to  you 
against  al  your  enemies,  and  contrarily  if  otherwise.  Therefore  Sir,  let  it  be 
your  Majesties  contiuuall  study  (as  called  and  charged  thereunto  by  God)  to 
reforme  the  universall  enormities  of  your  country  ;  and  first  (taking  example  of 
the  princely  prophet  David)  to  begin  at  your  Majesties  owne  house,  familie  and 
court,  and  purge  the  same  of  all  suspicion  of  Papists  and  Atheists  or  Newtrals, 
•whereof  this  Revelation  foretelleth  that  the  number  shall  greatly  increase  in 
these  latter  daics.  For  shall  any  Prince  be  able  to  be  one  of  the  destroyers  of 
that  great  seat,  and  a  purger  of  the  world  fi-om  Anti-christianisme,  who  purgeth 
not  his  own  countrie  ?  shal  he  purge  his  whole  country,  who  purgeth  not  his 
owne  house  1  or  shal  heo  purge  his  house,  who  is  not  purged  himselfe  by  private 
meditations  with  his  God  ?  1  say  therefore,  as  God  hath  mercifully  begunne  the 
first  degree  of  that  great  worke  in  your  inward  minde  by  purging  the  same  from 
all  apparantspot  of  Antichristianismc,  (as  that  fruitfull  meditation  upon  the  7. 8. 
9.  and  10.  verses  of  the  20.  Chapter  of  the  Revelation,  which  your  Highness  hath 
both  godly  and  learnedly  set  forth,  doth  beare  plaine  testimony,  to  your  Majes- 
ties high  praise  and  honour,)  so  also  wee  beseeche  your  Majestic  (having  consid- 
eration of  the  treasonable  practices  in  these  present  daies,  attempted  both 
against  God's  trueth,  your  authoritie,  aud  the  common  wealth  of  this  countrie,) 
to  proceedo  to  the  other  degrees  of  that  reformation,  even  orderly  from  your 
Majesties  owne  persone  til  your  highnes  familie,  and  from  your  family  to  your 
court ;  til,  at  last,  your  Majesties  whole  country  stand  reformed  in  the  feare  of 
God,  ready  waiting  for  that  great  day  in  the  which  it  shall  please  God  to  call 
your  Majestic,  or  yours  after  you,  among  other  reformed  princes,  to  that  great 
and  universall  reformation,  and  destruction  of  that  Antichristian  seat  and  citie 
Rome,  according  to  the  wordes  prophecied,  Apoc.  17.  saying, — The  ten  horns  are 
ten  Kings,  &c.  these  are  they  that  shall  hate  that  harlot,  and  shall  make  her 
desolate  and  naked,  and  shall  eate  up  her  flesh  and  burne  herselfe  with  fire  ; — 
beside  also  a  warrant  and  commaund  generally  given  to  all  men,  Apoc.  18,  say- 
ing,— Rcwarde  her  even  as  sheo  hath  rewarded  you,  and  give  her  double  accord- 
ing to  her  workes,  and  in  the  cup  that  she  hath  filled  to  you,  fill  her  the  double. 
And  now,  because  the  spirit  of  God,  both  by  all  his  prophets  generally,  and  by 
St  John  particularly  commends  and  directs  the  execution  of  justice  to  kings 
and  rulers,  I  trust  no  man  shall  thinke  that  this  our  Discovery  (wherein  is  con- 
tained God's  justice  and  severe  judgment  against  the  Antichristian  seate)  can 
more  justly  be  dedicate  unto  any  man  than  unto  these  ten  Christian  kings, 
sometimes  maintainers  of  that  seate,  whome  or  whose  successors  now  both  the 
prophet  promises  to  be  executers  of  that  judgment,  as  also  in  whose  kingdomes 
reformation  is  already  begunne ;  but,  because  of  these  kingdomes,  sometimes 
maintainors  of  that  seate  and  nowe  desisting  therefro,  this  your  Majesties 
realme  is  undoubtedly  one,  as  also  this  present  treatise,  both  being  written  by 
your  Highnes  subject  and  in  your  Majesties  native  language, — were  uuproper 
to  be  directed  to  any  of  the  other  princes.  Therefore,  of  necessitie  I  am  led  (as 
by  the  eare)  to  direct  and  dedicate  these  primices  and  first  fruites  of  my  study 
unto  your  highnes  ;  wherein,  if  perchance  I  should  seme  any  waies  more  pre- 
sumpteous  then  acceptable,  I  doubt  not  but  your  Majesties  clemencie  will 
pardone  that  presumption  that  comes  of  necessitie  :  But  contrarily,  if  I  herein 
shall  be  found  acceptable,  (as  verely  I  look  for  of  your  Majesties  humanitie) 
then  certainly,  not  onely  conjoyne  I  unto  the  former  necessitie  a  voluntary 
heart,  and  so  do  ofi"er  these  presents  both  gladly  and  necessarily  unto  your 
Highnes,  but  also  it  shall  incoui-age  both  me  and  others  your  Majesties  lieges, 
to  proceede,  every  man  in  his  own  calling,  to  all  kinde  of  godly  workes  and 
good  exercises,  to  the  honour  of  God,  edification  of  his  Church,  your  Highness 
renowne,  and  welfare  to  your  Majesties  realme,  when  they  shall  finde  your 
clemencie  to  become  the  patrone  aud  protector  of  all  zealous  fstudcnts,  and  an 


124  NOTES  TO  BOOK  VI. 

allower  and  accepter  of  their  godly  exercises.  For  let  not  your  Majestic  doubt 
but  that  there  are  witliin  your  realme  (als  wol  as  in  other  countries)  godly  and 
good  ingyues,  versed  and  exercised  in  al  manor  of  honest  scicuce  and  godly  dis- 
cipline, who  by  your  Majesties  instigation  might  yeelde  foorth  workes  andfruites, 
worthie  of  memory,  which  otherwise  (lacking  some  mightie  Maecenas  to  iucour- 
ago  them)  may  pereliance  be  buried  with  eternall  silence.  Hoping,  therefore 
that  your  Highnes  will  be  a  protector  of  us  and  our  godly  exercises,  wee  pray 
and  humblie  beseech  the  Almightie  to  be  also  unto  your  Higncs  selfe,  and  most 
honourable  bedfellowe  the  queenes  Majestic,  a  pcrpetuall  protector  of  your 
honourable  estates  and  welfare  of  persones,  both  in  body  and  soule,  to  the 
quieting  of  your  Majesties  lieges,  increase  of  the  true  Church,  and  honour  of 
God  ;  to  whome,  in  Triuitio  and  Unitie,  bee  praise  for  ever.  At  Marchistouu 
the  29  daye  of  Januar.  1593. 

"  Your  highnes  most  humble  and  obedient  subject, 

"  JoH\  Napier,  Fear  of  Marchistoun." 

As  a  frontispiece  to  this  epistle,  the  philosopher  selected  the  arms  matrimonial 
of  Scotland  and  Denmark,  in  compliment  to  the  King's  recent  alliance.  But 
underneath  the  heraldic  conjuuctiou,  he  caused  to  be  printed,  in  capital  letters, 
this  solemn  warning :  "  In  vaine  arc  al  earthlie  conjunctions,  unles  wo  be  heires 
together,  and  of  one  bodie,  and  fellow  partakers  of  the  promises  of  God  in 
Christ,  as  the  Evangell." 

In  this  very  characteristic  production,  which  rates  the  king  for  not  "  purg- 
ing his  house  "  of  such  Masters  of  the  Household  as  the  excellent  Sir  James 
Chisholme,  Napier's  own  father-in-law,  a  sentence  occurs  that  is  well  worth 
noting.  It  was  little  heeded  or  understood  by  those  to  whom  it  was  addressed, 
and  has  scarcely  been  noticed  or  understood  since.  At  a  time  when  the  elements 
of  civil  and  religious  sanity  were  all  in  a  state  of  solution,  and  violent  conflict 
during  the  most  vicious  age  of  a  semi-barbarous_  nation,  one  man,  himself  an 
agitator  of  this  unpromising  chaos,  announces  the  advent  of  the  great  era  of 
science,  in  the  glory  of  which  Scotland,  through  his  solitary  mean;?,  was  to  be  a 
proud  partaker. 

"  In  the  desert  a  fountain  is  springing, 
In  the  wide  waste  there  yet  is  a  tree." 

Abstracting  his  mind  for  a  moment  from  the  turbulent  arena,  so  little 
congenial  to  his  habits  and  his  dostiuy,  forgetting  alike  the  mystical  terrors  of 
the  beast  witli  ten  horns,  and  the  near  approach  of  the  day  of  judgment,  he  tells 
the  king,  "  Let  not  your  JIajesty  doubt  but  that  there  are  within  your  realm, 
as  well  as  in  other  countries,  godly  and  good  ingyues  (geniuses)  versed  aud 
exercised  in  all  manner  of  honest  science  and  godly  discipline,  who  by  your 
Majesty's  instigation  might  yield  forth  works  and  fruits  loorthy  of  memory, 
which  otherwise,  lacking  some  mighty  Maecenas  to  encourage  them,  may  per- 
chance be  buried  with  eternal  silence." 

This  might  easily  pass,  and  no  doubt  has  generally  done  so,  for  a  natural 
invocation  in  favour  of  science,  from  one  more  or  less  devoted  to  its  interests. 
But  it  had  a  deeper  and  more  precise  signification.  The  writer  of  that  sentence, 
while  parading  in  the  midst  of  a  barbarous  age  his  imaginary  key  to  tho 
Apocalypse,  which,  in  weaker  and  weaker  hands,  has  been  constantly  and 
vainly  applied  ever  since,  had  in  his  pocket  a  key  to  science,  so  true,  and  so 
powerful,  as  to  change  the  face  of  it  in  a  few  years.  The  Logarithms  is  a  power 
in  Numbers  that  bears  the  same  relation  to  mathematical  operations  as  the 
telescope  to  physical  research,  and  steam  to  mechanical  forces.  Indeed,  %vith- 
out  tho  first  of  these  three  mighty  impulses,  science  was  not  ripe  for  tho  other 
two.  To  this  secret  it  was  that  Napier  principally  alluded  in  that  solemn 
sentence  to  his  sovereign.    The  fact  can  be  distinctly  proved,  and  is  not  deduced 


NOTES  TO  BOOK  VI.  125 

merely  from  the  circumstance  of  his  great  discovery  having  appeared  many 
years  afterwards.  He  communicated  the  discovery  to  Tycho  Brake  immedi- 
ately after  the  date  of  his  letter  to  James  VI.  Tycho,  however,  died  in  ignorance 
of  the  value  of  the  hint,  and  perhaps  of  its  meaning.  Kepler,  the  pupil  and 
associate  of  the  King  of  Astronomy,  only  remembered  the  neglected  communica- 
tion when,  more  than  twenty  years  thereafter,  his  first  inspection  of  the  Canon 
MiRiFicus  impelled  him  to  write  a  most  elaborate  and  enthusiastic  espistle  to 
its  honoured  author.  These  latent  events  were  co-extensive  with  the  rudest  and 
most  turbulent  times  of  ovir  church  history ;  and  the  curious  but  abstruse 
evidence  by  which  they  can  be  distinctly  proved,  is  well  worthy  of  being  added 
to  the  pages  of  Spottiswoode. 

Not  long  before  the  date  of  Napier's  letter  to  James  VI.  the  monarch  had 
returned  from  his  matrimonial  adventure  in  Denmark.  In  that  expedition  ho 
was  accompanied  by  his  physician,  Dr  John  Craig,  who  was  an  old  and  valued 
friend  of  John  Napier.  Their  fathers.  Sir  Archibald  Napier  of  Merchiston,  and 
Sir  Thomas  Craig  of  Riccarton,  (the  great  Feudist,)  had  been  colleagues  together 
in  the  office  of  Justice-depute.  The  sons  became  intimate  from  the  congeniality 
of  their  pursuits.  John  Craig  was  the  third  son  of  the  Feudist,  and  highly 
distinguished  as  a  mathematician.  A  rare  and  little  known  record  of  his  fame 
in  that  respect  is  extant  in  a  small  volume  of  Latin  epistles,  printed  at  Bruns- 
wick in  the  year  1737,  and  dedicated,  by  the  collector  Rud.  Aug.  Noltenius,  to 
the  duke  of  Brunswick.  The  three  first  letters  in  this  collection  are  from  Dr 
John  Craig  to  Tycho  Brahe,  and  prove  the  former  to  have  been  upon  the  most 
friendly  and  confidential  footing  with  the  illustrious  Dane.  He  addresses 
Tycho  as  his  "honoured  friend,"  and  signs  himself,  "your  most  afiectionate 
John  Craig,  doctor  of  philosophy  and  medicine."  The  first  letter  commences 
thus :  "  About  the  beginning  of  last  winter,  that  distinguished  personage,  Sir 
William  Stuart,  delivered  to  me  your  letter,  and  the  book  which  you  sent." 
The  date  of  this  letter  is  not  given,  but  is  thus  curiously  ascertained.  I  have 
had  in  my  hand  a  mathematical  work  of  Tycho's,  belonging  to  the  library  of  the 
Edinburgh  University,  upon  the  first  blank  leaf  of  which  there  is  written,  in 
Latin,  a  sentence  to  the  following  efi'ect :  "  To  Doctor  John  Craig  of  Edinburgh, 
in  Scotland,  a  most  illustrious  man,  and  highly  gifted  with  varied  and  excellent 
learning,  professor  of  medicine,  and  exceedingly  skilled  in  mathematics,  Tycho 
Brahe  hath  sent  this  gift,  and,  with  his  own  hand,  hath  written  this  at  Urani- 
burg,  2  November  1588."  Now  it  appears,  from  contemporary  chronicles,  that 
Sir  William  Stewart,  who  was  captain  of  the  king's  guard,  had  been  sent  to 
Denmark,  in  the  month  of  August  1588  (the  "  marvellous  year  "),  to  arrange  the 
preliminaries  of  the  royal  marriage,  and  that  he  returned  to  Edinburgh  on  the 
15th  of  November  in  that  same  year.  It  cannot  be  doubted,  that  the  old  book 
in  the  College  Library,  the  inscription  on  which  bears  date  2d  November  1588, 
when  Sir  William  Stewart  was  actually  in  Denmark,  is  the  identical  one  the 
receipt  of  which,  from  the  same  distinguished  emissary,  is  acknowledged  in 
Craig's  letter  to  Tycho,  preserved  in  the  little  rare  volume  printed  at  Bruns- 
wick. That  letter,  then,  must  have  been  written  in  the  year  1589.  Moreover, 
Dr  John  Craig  was  physician  in  ordinary  to  King  James. 

Our  author  has  narrated  {supra,  vol.  ii.  p.  405,)  the  royal  progress  to  the  Court 
of  Denmark,  in  the  first  month  of  the  year  1590,  after  his  majesty's  romantic 
expedition  to  meet  his  bride  in  Norway.  But  he  has  omitted  to  record  the  fact, 
that,  among  the  festivities  and  amusements  which  the  king  then  enjoyed,  was  a 
visit  to  Tycho  Brahe,  at  Uraniburg.  Here  was  then  planted  the  throne  of  science ; 
nor  can  we  doubt  that  the  visit  was  suggested  by  Dr  John  Craig,  who  accompanied 
his  majesty  in  the  capacity  of  royal  physician.  Craig  had  long  desiderated  an 
opportunity  of  visiting  Tycho.  In  his  letter  of  1589,  above  referred  to,  he  states 
that  five  years  before  the  date  of  that  letter,  ho  had  made  an  attempt  to  reach 
Uraniburg,  but  had  been  driven  back  by  tempests  ;  and  that  ever  since,  being 


120  NOTES  TO  BOOK  VI. 

more  and  more  atti-acted  by  tho  rci)ort3  of  Tycho's  fame,  and  of  tho  magnificent 
scale  and  appointments  of  bis  observatory,  he  had  been  ardently  longing  to 
satisfy  at  once  his  friendship  and  his  curiosity.  The  storm  which  baffled  him  in 
1.584  was  scarcely  to  be  regretted,  since  be  now  accomplished  his  desire  in  the 
train  of  a  monarch.  It  is  also  remarkable  that  our  liistorians  of  a  more  modem 
dato  than  Spottiswoode  should  have  passed  in  silence  this  graphic  incident  in 
the  one  romantic  chapter  of  the  life  of  King  James.  We  might  have  expected 
it  to  have  been  admirably  told  in  the  Tales  of  a  Grandfather  ;  where,  however, 
the  king's  adventurous  gallantry  is  not  recorded  at  all ;  the  fact  merely  being 
stated  that  "  King  James  VI.  of  Scotland  married  the  daughter  of  the  king  of 
Denmark,  called  Ann  of  Denmark."  Nor  has  Scott  mentioned  the  visit  to 
Uraniburg  in  his  notice  of  the  Danish  match,  which  occurs  in  the  history  of 
Scotland  written  for  Lardner's  Cyclopaedia.  Tytler  slightly  alludes  to  the 
fact.  Yet  not  only  was  it  the  most  curious  adventure  in  the  domestic  life  of  the 
monarch,  but,  as  will  appear  in  the  sequel,  it  had  encouraged  and  accelerated 
the  imoxpected  impulse  which  the  progress  of  science  derived  from  savage 
Scotland. 

In  the  island  of  Huen,  at  the  mouth  of  the  Baltic,  Frederick  II.  of  Denmark  had 
seated  the  great  astronomer  on  a  prouder  throne  than  his  own  ;  bestowing  upon 
him  honours  and  revenues,  and  every  aid  and  encouragement  which  Tycho's 
soaring  genius  could  desire.  Arabia  had  been  lavish  of  her  stores  to  renovated 
science ;  and  now  tho  most  romantic  tales  of  eastern  magic  and  splendour 
seemed  realized  in  the  north.  Upon  the  8th  of  August  1.570,  the  first  stone  of 
the  far-famed  castle  of  Uraniburg  was  laid  in  the  island  with  which  tho 
munificent  patronage  of  Frederick  had  gifted  the  philosopher.  Iluen,  about 
eight  miles  in  circumference,  rises  from  the  sea  by  a  gentle  elevation,  so  as  to 
command  the  horizon  on  all  sides  ;  and  the  edifice  with  which  it  was  honoured 
was  no  less  royal  than  the  gift.  The  form  was  quadrangular,  the  dimensions 
being  sixty  feet  on  every  face.  It  was  flanked  with  lofty  towers,  thirty-two 
feet  in  diameter,  the  observatories  of  this  palace  of  science.  The  whole  estab- 
lishment was  in  keeping.  Certain  mysterious  tubes,  and  other  telegraphic  con- 
trivances (not  mysteries  now),  enabled  the  great  man  to  communicate  with  his 
domestics  as  if  by  magic,  and  to  obtain  secret  intelligence  regarding  his  many 
visiters  long  before  their  arrival.  And  here  it  was  that  Tycho  catalogued  the 
stars  with  an  accuracy,  and  to  an  extent,  which  threw  the  labours  of  Hipparchus 
and  Ptolemy  for  ever  in  the  shade.  No  instruments  of  power  or  nicety  approxi- 
mating to  his  had  hitherto  been  applied  to  physical  research.  Tycho  in  his 
youth  was  wild,  fanciful,  quarrelsome,  and  romantic'  A  dispute  with  a  friend 
on  the  subject  of  mathematics  was  instantly  brought  to  the  arbitrement  of  the 
sword.  The  combat  took  place  at  seven  o'clock  of  a  dark  evening  in  December. 
Tho  stars  refused  to  be  accomplices  in  this  unnatural  demonstration  of  a  mathe- 
matical truth.  Tycho  lost  his  nose.  But  the  future  king  of  Uraniburg  was 
nothing  daunted  thereby  ;  and  the  ingenuity  by  which  he  supplied  it  is  charac- 
teristic of  the  magnificence  of  his  mind.  He  would  have  disdained  that  barbarous 
borrowing  from  the  forehead,  of  which  modern  surgery  is  so  vain  ;  and  he 
rather  gloried  in  an  opportu;uty  of  obtaining  a  finer  proboscis  than  any  other 
mortal.  Accordingly,  with  his  own  hands  ho  fashioned  a  nose  of  gold,  silver,  and 
ivory,  exquisitely  mingled,  and  thus  restored  he  feared  not  to  look  either  hcaveji 
or  woman  in  tho  face.  An  old  French  author,  M.  Savericn,  ^vho  has  sketched 
some  biogi-aphies  of  eminent  philosophers,  says  of  this  precious  nose,  "  Qu'il 
dtoit  si  bien  fait,  ct  si  bien  ajnst<5,  que  tout  le  mondo  le  croroit  naturcl.  Cela 
pent  etre  ;  mais  on  no  conceit  pas  comment  /V/r  et  Vnrgent  pouvoient  imitcr  la 
ihair ;  ces  deux  metaux  ctoient  apparcmont  caches."  Perhaps  this  aided  to 
fascinate  the  beautiful  peasant  girl  of  whom  Tycho  was  enamoured,  and  whom 
ho  shortly  afterwards  married.  This  misalliance  brought  upon  him  such 
rigorous  treatment  from  his  noble  family,  tliat  the  king  of  Denmark  thought  it 


NOTES  TO  BOOK  VI.  127 

necessary  to  inter poso  his  good  offices.  And  hence  the  astronomer  himself 
became  a  sovereign  on  the  island  of  Huen.  To  complete  the  picture  of  the  man 
whom  kings  delighted  to  honour,  by  his  side,  the  prime  minister  of  his  glorious 
toils,  was  the  great  Longomontanus  ;  and  at  his  feet  lolled  his  gifted  idiot  Lep, 
whom  he  fed  from  his  own  hand,  and  who  repaid  his  master  with  prophecies 
and  second-sight.  But  with  all  his  natural  powers  and  artificial  appliances, 
in  the  essential  department  of  mathematical  calculation  Tycho  was  compara- 
tively feeble.  He  wasted  his  genius  in  weaving  systems  out  of  his  own  imagina- 
tion, and  fortifying  them  with  his  ingenuity.  And  thus  it  was  that  this  great  mind 
actually  retrograded  from  the  truths  of  Copernicus.  The  gigantic  genius  of  his 
pupil  Kepler  subsequently  towered  above  that  difficulty.  But  the  herculean 
task  of  unravelling  the  orbit  of  Mars,  and  determining  the  relative  position  of 
that  planet  with  the  sun  and  the  earth,  had  nearly  killed  him.  "  The  industry 
and  patience  of  Kepler  in  this  investigation,"  says  Professor  Playfair, "  were 
not  less  remarkable  than  his  ingenuity  and  invention.  Logarithms  were  not  yet 
known ;  so  that  arithmetical  computation,  when  pushed  to  great  accuracy,  was 
carried  on  at  a  vast  expense  of  time  and  labour.  In  the  calculation  of  every 
opposition  to  Mars,  the  work  filled  ten  folio  pages,  and  Kepler  repeated  each 
calculation  ten  times ;  so  that  the  whole  work  for  each  opposition  extended  to 
one  hundred  such  pages ;  seven  oppositions  thus  calculated  produced  a  large 
folio  volume." 

From  the  exciting  scenes  of  Uraniburg  James  VI.  returned,  with  his  bride 
and  his  retinue,  in  the  month  of  May  1590,  to  bell  the  cat  with  his  clergy  in 
Scotland.  The  wonders  which  Dr  John  Craig  had  beheld  in  the  Palace  of 
Science,  he  could  not  fail  to  unfold  to  his  friend  in  the  old  fortalice  of  Merchiston. 
To  Napier  was  detailed  his  discussions  with  Tycho,  and  all  the  splendours, 
resources,  triumphs,  and  difficulties,  of  the  regal  asti'onomer.  A  fresh  impulse 
was  thus  given  to  the  one  original  genius  in  Scotland.  Amid  the  turbulence  that 
immediately  followed  the  return  of  the  king  ;  the  storm  of  the  Spanish  Blanks  ; 
the  escape  of  Francis  earl  of  Bothwell,  and  of  the  hunted  popish  lords  ;  the 
solemn  consignation  of  Napier's  own  father-in-law  to  the  devil ;  thunders  from 
the  pulpit,  and  yells  from  "the  buits,"  science  still  occupied  the  mind  of 
Napier,  and  he  still  thought  of  Uraniburg  and  Tycho  Brahe.  And  hence  those 
expressions  to  his  ovrn  sovereign,  darkly  intimating  a  power  no  less  worthy  of 
royal  patronage  than  the  achievements  of  the  Dane. 

Unquestionably  before  this  time,  Napier,  and  he  alone,  had  conceived  the  Logar- 
ithms. This  is  placed  beyond  all  doubt  by  the  fact  that,  at  the  very  time  when 
he  addressed  his  epistle  against  papacy  to  James  VI.,  he  sent  Tycho  Brahe  a 
promise  of  the  new  impulse  to  science.  For  this  we  have  the  authority  of  Kepler 
himself,  who  succeeded  Longomontanus  as  the  assistant  and  associate  of  Tycho. 
In  a  letter  to  his  friend  Petrus  C'ugerus,  a  mathematician  of  Dantzick,  after 
revelling  in  a  sea  of  calculations,  and  naming  and  commenting  upon  some  of  the 
most  distinguished  improvers  of  trigonometrical  power,  he  ardently  exclaims  : 
''  Nihil,  auteni,  supra  Nepcrianam  rationem  esse  puto  :  etsi,  quidem,  Scolus 
quidam,  literis  ad  Tychonem  anno  1594  scriptis,  jam  spem  fecit  Canonis  illius 
Mirij!ci."  "  But  nothing  ia  my  opinion  can  surpass  the  numerical  ratios  of 
Napier ;  and  yet  so  early  as  in  the  year  1594  a  certain  Scotchman  had  conveyed 
by  letter  to  Tycho  a  hope  of  that  same  Canon  Mirijicus."  (Kepleri  Epistolm,  a 
very  rare  folio.)  Can  the  meaning  of  this  be  doubted?  Dr  Craig  was  the 
"  Scotus  quidam  "  who  corresponded  with  Tycho  ;  and  "  Canon  Mirificus  Logar- 
ithraorum  "  was  the  title  given  by  Napier  to  his  great  work,  first  published  in 
1614.  Conversations  with  his  friend  relating  to  the  royal  reception  at  Urani- 
burg, and  the  narration  of  tho  difficulties  in  calculation  by  which  the  genius 
of  the  Danish  astronomer  was  nearly  overpowered,  had  induced  Napier  to 
transmit  through  Craig  to  Tycho  a  hint  and  a  promise  of  the  Logarithms,  And 
Kepler  had  called  this  to  mind,  years  afterwards,  when  he  became  so  excited  by 


128  NOTES  TO  BOOK  VI. 

the  discovery  as  to  write  an  enthusiastic  and  most  laudatory  epistle  to  Napier 
himself,  giving  him  all  the  glory,  who  by  that  time  was  in  his  grave. 

But  the  evidence  that  it  was  Napier's  friend  Craig  who  transmitted  this 
hint  to  Tycho  in  1594,  though  irresistible  as  it  stands,  is  more  positively  con- 
firmed by  the  following  anecdote,  told  by  Anthony  Wood  in  the  Athence 
Ojconienses. 

"  It  must  be  now  known,  that  one  Dr  Craig,  a  Scotchman,  coming  out  of 
Denmark  into  his  own  country,  called  upon  John  Neper,  baron  of  Merchiston, 
near  Edinburgh,  and  told  him,  among  other  discourses,  of  a  new  invention  in 
Denmark,  by  Longomonianus,  as  'tis  said,  to  save  the  tedious  multiplication  and 
division  in  astronomical  calculations.  Neper  being  solicitous  to  know  further 
of  him  concerning  this  matter,  ho  could  give  no  other  account  of  it  than  that  it 
was  by  proportional  numbers.  Which  hint  Neper  taking,  he  desired  him  at  his 
return  to  call  upon  him  again.  Craig,  after  some  weeks  had  passed,  did  so,  and 
Neper  then  showed  him  a  rude  draught  of  what  ho  called  Canon  Mirabilis 
Logarithmorum.  Which  draught,  wth  some  alteration,  he  printing  in  1614,  it 
came  forth  into  the  hands  of  our  author  Briggs,  and  into  those  of  Will  Oughtred, 
from  whom  the  relation  of  this  matter  came." 

This  anecdote,  combined  with  the  circumstance  of  Craig's  visit  to  Tycho  in 
1590,  and  the  subsequent  statement  by  Kepler,  that,  in  1594,  a  certain  Scotch- 
man communicated  to  the  Dane  by  letter  a  promise  of  the  Logarithms,  places 
beyond  all  doubt  or  question  the  fact,  that  it  was  Napier  who  had  transmitted 
the  promise  through  his  friend  Craig,  after  his  return  from  Denmark.  But  in 
other  respects  the  anecdote  is  inaccurately  and  ignorantly  told.  It  is  impossible, 
as  every  mathematician  will  know,  that  Napier  could  have  caught  the  hint  from 
a  reported  conversation  with  Longomontanus,  and  in  "  some  weeks  "  thereafter 
have  produced  the  Canon  of  the  Logarithms.  He  himself  tells  us,  in  his  publi- 
cation, that  the  system  was  by  him  "  longo  elahoratum"  and  that  a  vast  under- 
taking had  been  completed  by  his  solitary  toils,  which  ought,  he  says,  to  have 
been  the  work  of  many  heads  and  hands.  But  if  even  the  germ  of  this  great 
discovery  had  come  to  Napier  from  Denmark,  and  had  immediately  thereafter 
been  re-transmitted  by  him  in  blossom,  from  that  moment  the  world  must  have 
been  in  possession  of  the  Logarithms.  On  the  contrary,  however,  for  twenty 
years  after  the  promise  had  been  sent  to  Tycho  (who  lived  not  to  see  it  fulfilled), 
down  to  the  time  when  Napier  published  the  discovery  in  1614,  Kepler  and  the 
world  remained  as  ignorant  of  this  revolution  in  science  as  if  Napier  had  never 
breathed  a  syllable  on  the  subject.  This  is  most  ardently  declared  by  Kepler 
himself  in  his  letter  to  Napier,  written  in  1619. 

No  doubt  the  stormy  state  of  Scotland,  and  the  exciting  affairs  of  the  Kirk, 
upon  which  rude  arena  Napier  unfortunately  had  come  forth,  must  have  retarded 
the  advent  of  his  great  discovery.  The  mere  practical  arrangement  of  the  system, 
for  the  use  of  science,  involved  the  necessity  of  continual  abstraction  and  toil, 
and  to  an  extent  which  only  accomplished  mathematicians  can  accurately 
estimate.  Moreover,  however  precious  the  gift  of  the  Logarithms  at  the  very 
dawn  of  the  great  era  of  applicatc  science,  it  was  of  little  use  to  dethrone  the 
Beast,  or  to  repel  his  ally  the  invading  Spaniard.  In  such  times  the  mind  of 
Napier  could  not  rest  satisfied  with  unravelling  the  mysteries  of  the  Apocalypse, 
and  of  Numbers.  The  Spanish  Armada  in  1588,  and  the  constant  expectation 
of  a  fresh  invasion  from  that  quarter  in  behalf  of  the  Popedom,  had  caused  him 
to  apply  his  genius,  as  Archimedes  had  done  of  old,  in  defence  of  his  country. 
A  very  curious  indication  of  this  is  yet  preserved  in  the  library  of  Lambeth 
Palace,  the  history  of  which  is  not  generally  known,  and  connects  with  tho 
history  of  the  Church. 

Our  author  Spottiswoodo,  tells  us  (supra,  p.  5.),  that  in  the  month  of  March 
J  596,  "  Tho  Assembly  of  the  Church  convened  at  Edinburgh,  for  consulting  upon 
the  dangers  threatened  to  religion  by  the  invasion  of  the  Spaniard,  which  was 


NOTES  TO  BOOK  VI.  129 

then  generally  noised.  Some  brothcrn  directed  to  lay  open  the  perils  to  his 
majesty,  returned  with  this  answer, '  That  albeit  there  was  no  great  cause  to 
foar  any  such  invasion  at  that  time,  yet  they  should  do  well  to  give  their  advice 
as  if  the  danger  were  at  hand,  which  would  servo  when  necessity  did  require.' 
The  Assembly  upon  this  thought  meet  to  enter  into  consideration  both  of  the 
dangers  and  remedies  ;  and  first  to  inquire  upon  the  causes  that  had  provoked 
God  to  threaten  the  realm  with  that  tyrannous  nation,  to  the  end  the  same 
might  bo  removed  ;  then  to  deliberate,  how  by  ordinary  lawful  means  the  enemy 
should  be  resisted."  This  last  clause  refers  to  the  deliberations  of  the  Kirk 
militant ;  and,  inter  alia,  it  was  advised,  "  that,  in  every  parish,  captains  should 
be  chosen  for  the  mustering  and  training  of  men  in  arms."  Such  was  the  state 
of  matters  that  impelled  the  leading  commissioner  from  these  conventions,  to 
bring  the  stores  of  his  scientific  genius  to  bear  practically  upon  the  defence  of 
his  religion  and  his  country,  as  the  following  very  curious  manuscript,  preserved 
in  the  Lambeth  collection,  sufficiently  proves. 

"  Anno  Domini  1596,  the  7  of  June,  Secrett  Invcntionis,  proffitabill  and  neces- 
sary in  theis  dayes  for  defence  of  this  Hand,  and  withstanding  of  strangers, 

enemies  of  God's  truth  and  religion. 

"  First,  the  invention,  proofe  and  perfect  demonstration,  geometricall  and 
allegebricall,  of  a  burning  mirrour,  which,  receving  the  dispersed  beames  of  the 
Sonne,  doth  reflex  the  same  beames  alltogether  united  and  concurring  priselie 
[precisely]  in  one  mathematicall  point,  in  the  which  point  most  necessarelie  it 
ingendreth  fire,  with  an  evident  demonstration  of  their  error  who  afiirmeth  this 
to  be  made  a  parabolik  section. 

"  The  use  of  this  invention  serveth  for  burning  of  the  enemies  shipps  at  what- 
soever appointed  distance. 

"  Secondlie,  The  invention  and  sure  demonstration  of  another  mirrour  which 
receiving  the  dispersed  beames  of  any  materiall  fier  or  flame  yealdeth  allsoe  the 
former  cfiect,  and  serveth  for  the  like  use. 

"  TaiRDLiE,  The  invention  and  visible  demonstration  of  a  piece  of  artillery, 
which,  shott,  passetli  not  linallie  through  the  enemie,  destroying  onlie  those  that 
stand  on  the  randou  thereof,  and  fra  them  forth  flying  idly,  as  utheris  do  ;  but 
passeth  superficially,  ranging  abrode  within  the  whole  appointed  place,  and  not 
departing  furth  of  the  place  till  it  hath  executed  his  whole  strength,  by  destroy- 
ing those  that  be  within  the  boundes  of  the  said  place. 

"  The  use  hereof  not  onlie  serveth  greatlie  against  the  armie  of  the  enemy  on 
land,  but  alsoe  by  sea  it  serveth  to  destroy,  and  cut  downe,  and  on-shott  the 
whole  mastes  and  tackling  of  so  many  shippes  as  be  within  the  appointed 
boundes,  as  well  abriei  as  in  large,  so  long  as  any  strength  at  all  remayneth. 

"  FuuiiTHi.iE,  The  invention  of  a  round  chariot  of  mettle  made  of  the  proofe 
of  dooble  muskett,  whose  motion  shall  be  by  those  that  be  within  the  same, 
more  easie,  more  light,  and  more  spedie  by  much  then  so  manie  armed  men 
would  be  otherwayes. 

"  The  use  hereof,  as  well,  in  moving  serveth  to  breake  the  array  of  the  ene- 
mies battle  and  to  make  passage,  as  also,  in  staying  and  abiding  within  the 
enemies  battle,  it  serveth  to  destroy  the  environed  enemy  by  continuall  charge 
and  shott  of  harquebush  through  small  hoalles  ;  the  enemie  in  the  meantime 
being  abased  and  altogether  uncertaine  what  defence  or  pursuit  to  use  against 
a  moving  mouth  of  mettle. 

"  These  inventiones,  besides  devises  of  sayling  under  the  water,  with  divers 
other  devises  and  stratagemes  for  harming  of  the  enemyes,  by  the  grace  of  God 
and  worke  of  expert  craftesmen  I  hope  to  perform. 

"  Jo.  Neper,  Fear  of  Marchistoun." 

[Endorsed]  "  Mr  Steward,  secretes  inventiones  de  la  guerre,  le  mois  de 
Juillet,  1596." 

VOL.  in.  9 


130  NOTES  TO  BOOK  VI. 

Tho  indorsation  of  this  document  affords  a  key  to  tho  transmission  of  it,  and 
tends  to  explain  how  it  came  to  be  preserved  among  the  papers  of  Anthony 
Bacon,  in  Lambeth  Palace. 

In  the  beginning  of  tho  year  159G,  James  VI.,  impelled  by  the  agitations  of 
his  clergy,  sent  emissaries  abroad,  with  offers  of  co-operation  to  all  christian 
kings  against  the  enemies  of  the  Gospel.  Colonel  Stewart,  commendator  of 
Pittenweem,  and  captain  of  the  king's  guard,  (the  same  who  brought  the  book 
from  Tycho  to  the  king's  physician,)  was  accredited  for  this  purpose.  In  the 
month  of  April  1596,  the  news  reached  Scotland  that  a  Spanish  army  of  25,000 
men  had  taken  Calais,  and  that  an  English  army  of  30,000  had  entered  Spain, 
and  attacked  the  city  of  Cadiz  by  sea  and  land.  This  was  the  glorious  expedi- 
tion under  Essex,  Howard,  and  Raleigh.  Anthony  Bacon,  (son  of  the  famous 
Bacon,)  among  -whose  papers  Napier's  propositions  are  found,  and  wliich  appear 
to  have  been  delivered  to  him,  by  Stewart,  in  the  mouth  of  July  1596",  was 
secretary  to  Essex. 

The  accidental  conflagration  of  a  country  seat, during  the  last  century,  destroyed 
a  large  collection  of  Napier's  papers,  possessed  by  a  branch  of  his  family.  Thus 
perished  all  hope  of  illustrating,  from  his  own  manuscripts,  these  curious  scant- 
lings of  inventions  ;  which,  fortunately  instead  of  the  Logarithms,  "  lacking 
some  mighty  Maecenas  to  encourage  them,  have  been  buried  with  eternal 
silence."  His  third  proposition,  however,  seems  so  curiously  corroborative  of  a 
passage  in  the  works  of  Sir  Thomas  Urquhart  of  Cromarty,  (who  docs  not  ap- 
pear to  have  been  aware  of  the  paper  in  the  Lambeth  collection,)  that  in  conclu- 
sion we  must  add  the  story  told  by  that  strange  author,  who  was  born  in  tho 
lifetime  of  Napier. 

In  a  tract  which  he  entitled,  "  The  discovery  of  a  most  Exquisite  Jewel,  more 
precious  than  diamonds  iuchascd  in  gold,"  Sir  Thomas  speaks  of  a  Colonel  Douglas, 
who,  he  says,  was  very  serviceable  to  the  States  of  Holland,  and  presented  them 
with  a  paper,  containing  "  twelve  articles  and  heads  of  such  wonderful  feats  for 
the  use  of  the  wars  both  by  sea  and  land,  to  be  performed  by  him,  flowing  from 
the  remotest  springs  of  mathematical  secrets,  and  those  of  natural  philosophy, 
that  none  of  this  ago  saw,  nor  any  of  our  forefathers  ever  heard  the  like,  save 
what  out  of  Cicero,  Livy,  Plutarch,  and  other  old  Greek  and  Latin  writers  we 
have  couched,  of  the  admirable  inveutious  made  use  of  by  Archimedes  in  de- 
fence of  tho  city  of  Syracusa,  against  the  continual  assaults  of  the  Roman  forces 
both  by  sea  and  land,  under  the  conduct  of  Marcellus."  The  knight  of  Cromarty 
then  introduces  his  celebrated  episode  about  Napier  of  Mcrchiston  and  Crichton 
of  Elliock,  whom  he  classes  together  as  the  Castor  and  Pollux  of  Scottish 
letters.  "  To  speak  really,"  says  he,  "  I  think  there  hath  not  been  any  in  this 
age  of  the  Scottish  nation,  save  Neper  and  Crichtoun,  who,  for  abilities  of  the 
mind  in  matter  of  practical  inventions  useful  for  men  of  industry,  merit  to  be 
compared  with  him  :  and  yet  of  these  two  (notwithstanding  their  precellency  in 
learning)  I  would  be  altogether  silent  (because  I  made  account  to  mention  no 
other  Scottish  men  here,  but  such  as  have  been  famous  for  souldiery,  and 
brought  up  at  the  school  of  Mars)  were  it  not,  that  besides  their  profoundness 
in  literature,  they  were  inriched  with  military  qualifications  beyond  expression. 
As  for  Neper,  (otherways  designed  Lord  Marchiston,)  ho  is  for  his  logarithmical 
device  so  compleatly  praised  in  that  preface  of  the  author's,  which  ushers  a  tri- 
gonometrical book  of  his,  intituled,  The  Trissotctras,  that  to  add  any  more  there- 
unto, would  but  obscure  with  an  empty  sound  the  cleai'uess  of  what  is  already 
said  :  therefore  I  will  allow  him  no  share  in  this  discourse,  but  in  so  far  as  con- 
cerneth  an  almost  incomprehensible  device,  which  being  in  tho  mouths  of  the 
most  of  Scotland,  and  yet  unknown  to  any  that  ever  was  in  the  world  but  him- 
self, deserveth  very  well  to  be  taken  notice  of  in  this  place  ;  and  it  is  this  :  he 
had  the  skill  (as  is  commonly  reported)  to  frame  an  engine  (for  invention  not 
much  unlike  that  of  Architas  Dove)  which,  by  vcrtue  of  some  secret  springs, 


NOTES  TO  BOOK  VI.  131 

inward  resorts,  with  other  implements  and  materials  fit  for  the  purpose,  in- 
closed within  the  bowels  thereof,  had  the  power  (if  proportionable  in  bulk  to 
the  action  required  of  it,  for  he  could  have  made  it  of  all  sizes)  to  clear  a  field 
of  four  miles  circumference,  of  all  the  living  creatures  exceeding  a  foot  of 
height,  that  should  be  found  thereon,  how  near  soever  they  might  be  to  one 
another  ;  by  which  means  he  made  it  appear,  that  he  was  able,  with  the  help 
of  this  machine  alone,  to  kill  thirty  thousand  Turks,  without  the  hazard  of  one 
Christian.  Of  this  it  is  said,  that  (upon  a  wager)  he  gave  proof  upon  a  large 
plain  in  Scotland,  to  the  destruction  of  a  great  many  herds  of  cattol,  and  fiocka 
of  sheep,  whereof  some  were  distant  from  other  half  a  mile  on  all  sides,  and 
some  a  whole  mile.  To  continue  the  thread  of  the  story,  as  1  have  it,  I  must 
not  forget,  that,  when  he  was  most  earnestly  desired  by  an  old  acquaintance, 
and  professed  friend  of  his,  even  about  the  time  of  his  contracting  that  disease 
whereof  he  dyed,  he  would  be  pleased,  for  the  honour  of  his  family,  and  his  own 
everlasting  memory  to  posterity,  to  reveal  unto  him  the  manner  of  the  contriv- 
ance of  so  ingenious  a  mystery  ;  subjoining  thereto,  for  the  better  perswading 
of  him,  that  it  were  a  thousand  pities,  that  so  excellent  an  invention  should  be 
buried  with  him  in  the  grave,  and  that  after  his  decease  nothing  should  be 
known  thereof :  his  answer  was,  That  for  the  ruin  and  overthrow  of  man,  there 
were  too  many  devices  already  framed,  which  if  he  could  make  to  be  fewer,  he 
would  with  all  his  might  endeavour  to  do  ;  and  that  therefore  seeing  the  malice 
and  rancor  rooted  in  the  heart  of  mankind  will  not  suffer  them  to  diminish,  by 
any  new  conceit  of  his  the  number  of  them  should  never  be  increased.  Divinely 
spoken,  truly." — Sir  Thomas  Urquhart's  Works.] 


THE 

HISTORY 

OF  THE 

CHURCH  OF  SCOTLAND, 

THE  SEVENTH  BOOK. 

THE  CONTENTS. 

TUE  PROCEEDINGS  AFTER  HIS  MAJESTy's  GOING  INTO  ENGLAND, 
UNTO  HIS  DEATH. 

(HE  news  of  the  queen's  death  were  brought 
the  third  day  after  by  ^ir  Robert  Gary,  a 
son  of  the  Lord  Hunsdon  ;  after  whom  Sir 
Charles  Percy,  brother  to  the  earl  of  Nor- 
thumberland, and  Thomas  Somerset,  son  to 

the  earl  of  Worcester,  were  directed  from  the  council  of 

England  with  the  letter  following. 

"  Right  high,  right  excellent  and  mighty  Prince,  and  our 
dread  sovereign  Lord — As  we  cannot  but  confess  unto  your 
majesty,  that  the  grief  we  have  conceived  by  the  loss  of  our 
late  sovereign  lady,  whose  soul  in  your  palace  of  Richmond 
passed  from  her  earthly  body  to  the  joys  of  heaven,  betwixt 
two  and  three  of  the  clock  this  morning,  was  nothing  less 
than  our  loyalty  and  love  to  her  whilst  she  lived,  being  a 
princess  adorned  with  virtues  meet  for  government,  prosper- 
ous in  the  success  of  her  affairs,  and  under  whose  obedience 
we  have  lived  in  greater  tranquillity  these  many  years  than 
commonly  happeneth  to  princes ;  so  we  must  acknowledge 
that  our  sorrow  is  extinguished  by  the  impression  we  have 
of  those  heroical  virtues  of  wisdom,  piety,  and  magnanimity, 


134  THE  HISTORY  OF  THE  [a.  D.   1603. 

which  Tvc  know  to  bo  in  your  majesty's  person,  to  whose 
right  the  lineal  and  lawful  succession  of  all  our  late  sover- 
eign's dominions  doth  justly  and  only  appertain  ;  wherein  we 
presume  to  profess  this  much,  as  well  for  the  honour  which 
will  thereby  remain  to  our  posterity,  as  for  your  majesty's 
security  of  a  peaceable  possession  of  your  kingdoms,  that  we 
have  never  found,  either  of  those  of  the  nobility,  or  of  any 
other  of  the  estates  of  this  realm,  any  divided  humour  about 
the  receiving  and  acknowledging  your  majesty  to  be  the  only 
head  that  must  give  life  to  the  present  maimed  body  of  this 
great  kingdom,  which  is  so  happy,  as  with  an  universal  con- 
sent to  have  received  one  sole,  uniform,  and  constant  impres- 
sion of  right  of  blood,  as  next  of  kin  to  our  sovereign  deceased, 
and  consequently  by  the  laws  of  this  realm  true  and  next  heir 
to  her  kingdoms  and  dominions  :  whereof  we  have  made  out- 
ward demonstration  by  public  proclamation  this  very  day 
afore  noon,  first  in  the  city  of  Westminster,  at  your  majesty's 
palace-gate  of  Whitehall,  and  next  at  the  cross  of  Cheapside, 
within  your  majesty's  city  of  London,  with  an  infinite 
applause  of  your  people,  and  with  such  solemnity  as  the 
shortness  of  time  would  permit.  Of  all  which  we  have 
thought  it  our  duty  immediately  to  advertise  your  majesty 
by  these  two  gentlemen.  Sir  Charles  Percy,  brother  to  the 
earl  of  Northumberland,  and  Thomas  Somerset,  Esq.,  son  to 
the  earl  of  Worcester,  of  whom  we  have  made  choice  to  be 
the  bearers  of  our  letters ;  humbly  beseeching  your  highness 
to  accept  the  same  as  the  first-fruits  and  offering  of  our 
tender  and  loyal  affections  towards  you  our  gracious  sover- 
eign, and  to  rest  assured  that  the  same  shall  be  ever  here- 
after seconded  with  all  fnith,  obedience,  and  humble  service, 
which  shall  be  in  our  power  to  perform,  for  maintaining  that 
which  we  have  begun,  with  the  sacrifice  of  our  lives,  lands, 
and  goods,  which  we  with  all  our  other  means  do  here 
humbly  present  at  your  majesty's  feet;  craving  of  your 
highness,  that  seeing  hereby  you  may  perceive  in  what  estate 
we  remain,  as  a  body  without  a  head,  or  rather  without  that 
spirit  here  amongst  us,  which  from  the  head  might  give 
vigour  to  every  member  to  exercise  the  duty  to  it  belonging, 
thereby  to  keep  the  whole  body  from  confusion,  you  will  be 
pleased  to  enter  into  consideration,  how  soon  and  in  what 
manner  it  shall  seem  best  to  your  majesty's  excellent  wisdom, 


A.  D.  1603.]  CHURCH  OF  SCOTLAND.  135 

to  inspire  a  new  life  into  this  languishing  body,  the  circum- 
stances whereof  are  wholly  to  be  left  to  your  majesty,  hold- 
ing it  enough  for  us  humbly  to  acknowledge  ourselves  your 
true  subjects,  ready  to  obey  all  your  commandments  ;  assur- 
ing you  withal,  that  as  we  have  hereby,  as  many  of  us  as 
have  underwritten  this  letter,  declared  our  recognition  and 
humble  submission  to  your  majesty's  sovereign  power  and 
right,  so  we  do  know  by  all  good  proofs,  that  the  mind  of 
the  rest  of  the  nobility,  and  all  others  who  are  absent,  in 
their  several  qualities,  places,  and  charges,  whom  the  time 
permitted  not  without  the  prejudice  of  your  affairs  to  as- 
semble so  soon  as  we  were  desirous  this  should  be  performed, 
are  wholly  and  resolutely  concurring  with  us  in  all  zeal  and 
duty  for  all  things  that  shall  bo  imposed  upon  them  by  your 
royal  will  and  pleasure. 

"  Farther  we  have  thought  meet  and  necessary  to  advertise 
your  highness,  that  Sir  Robert  Gary  this  morning  departed 
from  hence  towards  your  majesty,  not  only  without  the  con- 
sent of  any  of  us  who  Avcrc  present  at  Richmond  at  the  time 
of  our  late  sovereign's  decease,  but  also  contrary  to  such 
commandment  as  we  had  power  to  lay  upon  him,  and  to  all 
decency,  good  manners,  and  respect,  which  he  owed  to  so 
many  persons  of  our  degree,  whereby  it  may  be  that  your 
highness  hearing  by  a  bare  report  only  of  the  death  of  the 
late  queen,  and  not  of  our  care  and  dihgence  in  establishing 
your  majesty's  right  here,  in  such  manner  as  is  above  speci- 
fied, may  conceive  doubts  of  other  nature  than  (God  be 
thanked)  there  is  cause  you  should ;  which  we  would  have 
clearly  prevented,  if  he  had  borne  so  much  respect  to  us  as  to 
have  stayed  for  a  common  relation  of  our  proceedings,  and 
not  thought  it  better  to  anticipate  the  same ;  for  we  would 
have  been  loath  that  any  person  of  quality  should  have  gone 
from  hence,  who  should  not  with  the  report  of  her  death 
have  been  able  to  declare  the  first  effects  of  our  assured 
loyalties. 

"  And  lastly,  it  may  please  your  majesty  to  receive  this 
advertisement,  that  of  late  there  was  made  ready,  by  the 
commandment  of  the  queen  our  mistress,  a  good  fleet  of  eight 
or  ten  of  her  ships  well  manned  and  furnished  under  the 
charge  of  Sir  Richard  Lawson,  knight,  to  have  been  em- 
ployed upon  the  coast  of  Spain ;  which  employment  by  her 


13G  THE  HISTOHY  OF  THK  [a.  D.  1603. 

decease  is  ceased  for  want  of  commission  to  exercise  the 
same,  and  now  is  kept  together  in  the  narrow  seas  to  pre- 
vent any  sudden  attempt  from  the  Low  Countries.  And  that 
now  tliere  is  nothing  either  of  hmd  or  sea  that  is  not  yours, 
it  may  please  your  majesty  to  signify  your  pleasure  concern- 
ing that  fleet,  and  whether  you  will  have  it  or  any  part 
thereof  resort  to  your  coast  of  Scotland,  where  it  may  serve 
you,  either  for  the  safe  convoy  of  your  person  to  this  realm, 
if  there  shall  be  cause  to  use  it  in  this  manner,  or  to  trans- 
port any  of  yours,  whilst  you  come  by  land,  or  any  other 
service.  In  which  point  we  humbly  beseech  you  to  make 
known  under  whoso  charge  it  shall  be  your  pleasure  the 
whole  fleet  or  any  part  thereof  shall  come  unto  you.  And 
this  being  all  that  for  the  present  doth  occur  to  be  advertised 
unto  your  majesty  by  us  whose  minds  are  occupied  about  the 
conservation  of  this  your  realm  in  peace,  as  far  forth  as,  by 
any  power  for  your  majesty's  service  only  assumed,  the 
interruption  thereof  may  be  prevented,  saving  that  we  have 
sent  a  copy  of  the  proclamation  made  here  to  your  majesty's 
deputy  of  Ireland,  to  be  published  in  that  kingdom,  we  will, 
and  with  our  humble  prayers  to  Almighty  God,  that  we 
may  be  so  happy  as  speedily  to  enjoy  the  comfortable  pre- 
sence of  your  highness's  royal  person  amongst  us,  the  only 
object  of  that  glory  and  those  felicities  which  in  the  earth 
we  have  proponed  to  ourselves.  Written  in  your  majesty's 
city  of  London,  the  twenty-fourth  of  March  1G03,  at  ten 
hours  of  the  clock  at  night." 

This  letter  was  subscribed  by 

Robert  Leigh,  Mayor.  Pembroke.  R.  Riche. 

John  Canterbury.  Clanrickard.  Lumley. 

Thomas  Egerton.  G.  Hunsdon.  Chandois. 

Thomas  Buckhurst.  Tho.  Howard.        W.  Compton. 

Nottingham.  Richard  London.    W.  KnoUes. 

Northumberland.  Robert  Hartford.  Edward  Wootton. 

Gilbert  Shrewsbury.  John  NorAvich.       John  Stanhop. 

William  Darby.  Morlcy.  Raleigh. 

Edward  Worcester.  Henry  Cobham.     John  Fortescuc. 

Geo.  Cumberland.  Thomas  Laware.  John  Popham. 

R.  Sussex.  Gray. 

Henry  Lincoln.  Edward  Cromwell. 


A.  D.  1603.]  CHURCH  OF  SCOTLAND.  137 

The  king  having  imparted  this  letter  to  the  council,  it  was 
thought  meet  that  the  coutents  thereof  should  be  published, 
for  begetting  a  greater  kindness  betwixt  the  people  of  the 
two  kingdoms ;  whereupon  a  proclamation  was  made,  show- 
ing, "  That  the  queen  before  her  death,  continuing  in  that 
loving  affection  Avhicli  she  professed  to  his  majesty  all  the 
course  of  her  life,  had  declared  him  her  only  true  heir  and 
successor  in  the  imperial  crowns  of  England,  France,  and 
Ireland,  and  that  the  lords  spiritual  and  temporal,  assisted 
by  the  Lord  Mayor  of  London,  and  others  of  the  gentry  of 
good  quality,  had  upon  the  twenty-fourth  of  March  last  pro- 
claimed him  their  only  liege  lord  and  undoubted  sovereign ; 
which  being  the  most  clear  demonstration  that  a  people  could 
give  of  their  affection,  and  a  sure  pledge  of  their  future 
obedience,  ought  to  move  all  true-hearted  subjects  to  account 
of  them  no  otherwise  than  as  their  brethren  and  friends,  and 
to  forget  and  bury  all  quarrels  and  grounds  of  former  dis- 
sensions. That  therefore  none  should  pretend  ignorance, 
nor  carry  themselves  in  any  unkind  sort  towards  the  inhabi- 
tants of  England,  his  majesty,  with  the  advice  of  the  lords 
of  council,  had  ordained  proclamation  to  be  made  of  the 
premises,  assuring  them  that  should  so  apply  tliemselves,  of 
his  gracious  favour  when  occasion  presented,  and  certifying 
such  as  did  in  the  contrary,  that  they  should  incur  his  wrath 
and  extreme  displeasure." 

This  notwithstanding,  the  word  no  sooner  came  of  the 
queen's  death,  than  the  loose  and  broken  men  in  the  borders 
assembling  in  companies  made  incui'sions  upon  England, 
doing  what  in  them  lay  to  divide  the  two  kingdoms ;  which 
the  year  following  was  severely  punished,  the  principals  that 
were  tried  to  have  been  partners  in  that  business  being  all 
executed  to  the  death. 

The  king  in  the  meantime  giving  order  for  his  journey, 
did  appoint  the  queen  to  follow  him  some  twenty  days  after  ; 
and  for  his  children,  ordained  the  prince  to  remain  at  Stir- 
ling, the  duke  of  Albany  his  brother  to  abide  with  the  Lord 
Fyvie,  president  of  the  Session,  and  the  Princess  Elizabeth 
their  sister  with  Alexander  earl  of  Linhtligow.  To  the 
lords  of  council  an  ample  commission  was  given  for  the 
administration  of  all  affairs ;  receiving  resignations  ;  hearing 
the  accounts  of  the  exchequer ;    continuing  days   of  law  ; 


138  THE  HISTORY  OF  THE  [a.  D.  1603. 

adjoiuing  assessors  to  the  justice ;  granting  of  licences  to 
depart  forth  of  the  realm  ;  altering  the  place  of  their  resi- 
dence as  they  should  find  it  convenient ;  repressing  the 
troubles  of  the  borders  ;  and  for  creating  lieutenants,  one  or 
moi'e,  upon  occasions. 

The  persons  he  chose  to  attend  him  in  the  journey  were, 
the  duke  of  Lennox,  the  carls  of  Mar,  INIurray,  and  Argyle, 
the  Lord  Home,  Sir  George  Home,  treasurer,  ]\lr  James 
Elphingston,  sccretai^y.  Sir  David  Murray,  Comptroller, 
Sir  Robert  Ker  of  Cesford,  M'ith  the  ordinary  gentlemen  of 
the  chamber ;  and  of  the  clergy,  David  bishop  of  Ross, 
Peter  bishop  of  Dunkeld,  Mr  Patrick  Galloway,  INIr  Andrew 
Lamb,  Mv  John  Spottiswoodo,  Mr  Gawin  Hamilton,  and 
Mr  Alexander  Forbes,  ministers. 

Things  thus  ordered,  the  king  went  the  next  morning  to 
St  Giles  to  hear  sermon ;  Mr  John  Hall  (whose  course  it 
was)  preaching,  took  occasion  to  remember  the  great  mercies 
of  God  towards  his  majesty,  reckoning  the  peaceable  succes- 
sion to  the  crown  of  England  none  of  the  least.  This,  he 
said,  was  God's  own  proper  work,  for  who  could  else  have 
directed  the  hearts  of  so  numerous  a  people  with  such  an 
unanime  consent  to  follow  the  way  of  right  ?  Thereupon  he 
did  exhort  his  majesty  to  thankfulness ;  to  the  maintenance 
of  God's  truth ;  and  that  he  would  send  home  some  of  those 
commendable  orders  he  would  find  whither  ho  was  going. 

The  king,  accepting  his  exhortation  in  good  part,  did  upon 
the  end  of  the  sermon  make  a  speech  to  the  people,  which  at 
the  time  were  frequently  convened,  and  promising  to  have 
care  of  them  and  their  good,  gave  them  a  most  loving  and 
kind  farewell.  This  was  followed  with  such  a  mourning  and 
lamentation  of  all  sorts,  as  cannot  be  avcU  expressed.  For 
albeit  they  joyed  not  a  little  at  first  to  hear  of  that  accession 
of  honour  to  their  king ;  yet  considering  they  should  be 
deprived  of  his  presence,  and  have  no  more  a  resident  king 
among  them,  they  were  grieved  out  of  all  measure.  This 
affection  of  the  people  moved  also  the  king  greatly ;  there- 
fore when  the  magistrates,  ministers,  and  others  of  the  better 
sort  came  to  receive  his  commandments,  he  spake  graciously 
unto  them ;  willing  them  not  to  be  troubled  with  his  depart- 
ing, for  that  they  should  find  the  fruits  of  his  government  as 
well  afar  off,  as  when  he  was  near  at  hand  ;  and  as  his  power 


A.  D.  1603.]  CHURCH  OF  SCOTLAND.  139 

was  now  increased  and  made  greater,  so  his  love  towards 
them  should  not  bo  a  whit  diminished. 

In  this  sort  did  he  part,  and  beginning  his  journey  on 
Wednesday  the  fourth  of  April,  came  the  second  day  to 
Berwick;  there  he  was  welcomed  with  a  most  eloquent 
sermon  by  Toby  Matthew,  bishop  of  Durham  (for  he  went 
first  to  the  church ;)  which  tinished,  he  was  conveyed  to  the 
palace  by  the  governor  and  garrison,  the  munition  playing 
from  the  walls,  and  the  citizens  with  shouts  and  acclamations 
testifying  their  gladness.  The  ninth  of  that  month  he  went 
to  Newcastle,  where  he  abode  some  few  days ;  and  because 
multitudes  of  people  from  all  quarters  were  daily  coming  to 
see  the  king,  and  offer  their  service,  order  was  taken  that  no 
strangers  should  have  access  granted,  till  the  chamberlain  or 
master  of  the  guard  was  acquainted  with  their  business.  At 
York  he  was  met  by  the  councillors,  and  from  thence,  by 
easy  journeys,  travelled  to  London.  How  his  majesty  was 
there  received,  and  what  other  things  happened  in  the  time, 
I  remit  to  the  English  history ;  my  purpose  being  only  to 
relate  the  things  which  passed  in  Scotland,  or  that  had  some 
reference  to  matters  of  that  church  and  kingdom. 

Being  at  Burleigh-house  near  unto  Stamford,  the  king  was 
advertised  of  the  death  of  James  Beaton,  archbishop  of  Glas- 
gow, who  deceased  at  Paris  in  the  same  month.  This  man 
was  descended  of  the  house  of  Balfour  in  Fife,  and  conse- 
crated bishop  at  Rome  in  the  year  1552 ;  at  the  time  of  the 
Reformation  he  forsook  the  country,  out  of  the  hatred  he  bare 
to  those  that  had  hand  in  that  work,  and  carried  with  him 
all  the  writs  and  evidents  of  the  see  of  Glasgow,  with  the 
vessels  and  ornaments  of  the  cathedral  church,  thino-s  of 
exceeding  great  worth ;  for,  besides  those  of  ordinary  use, 
there  belonged  to  that  church  the  image  of  our  Saviour  in 
beaten  gold,  and  the  portraits  of  the  twelve  apostles  in  silver. 
The  queen  returning  from  France  did  estabhsh  him  ambas- 
sador in  those  parts  for  her  affairs :  Under  the  government 
of  the  regents  he  was  forfeited,  and  deprived  of  his  living, 
which,  as  we  showed  before,  was  conferred  upon  Mr  James 
Boyd  of  Trochrig,  and  after  him  went  through  divers  hands, 
till  the  king  at  his  majority  did  restore  him  to  his  dignity, 
honour,  and  living,  employing  him  likewise  for  his  ambas- 
sador in  France.     A  man  honourably  disposed,  faithful  to 


140  THE  HISTORY  OF  THE  [a.  D.  1603. 

the  queen  while  she  lived,  and  to  the  king  her  son,  a  lovei* 
of  his  country,  and  liberal  according  to  his  means  to  all  his 
countrymen.  In  his  last  will  he  bequeathed  all  his  means  to 
pious  uses,  leaving,  as  was  said,  ten  thousand  crowns  for  the 
education  of  poor  scholars,  being  Scotchmen  born.  The 
evidents,  vessels,  and  ornaments  of  the  see  of  Glasgow  he 
consigned  in  the  hands  of  the  Carthusians  of  Paris,  appoint- 
ing the  same  to  be  re-delivered  how  soon  Glasgow  should 
become  catholic ;  and  this  year,  being  the  eighty-sixth  of  his 
age,  departed  peaceably  this  life. 

The  king  having  destinated  Mr  John  Spottiswoode  for  his 
successor,  sent  him  back  to  attend  the  queen  in  her  journey, 
and  serve  her  for  elecmosynar.  Soon  after  his  coming,  her 
majesty  went  to  Stirhng,  of  mind  to  bring  away  the  prince 
her  son,  and  carry  him  along  with  herself  to  England ;  but 
being  denied  by  the  friends  of  the  house  of  Mar,  she  became 
so  incensed  as  falling  into  a  fever  she  made  a  pitiful  abortion. 

Advertisement  of  this  being  sent  unto  the  king,  he  caused 
the  earl  of  Mar  to  return ;  and  after  him  sending  the  duke 
of  Lennox  with  a  warrant  to  receive  the  prince,  and  dehver 
him  to  the  queen,  he  was  brought  unto  her  at  Halyrudhouse, 
about  the  end  of  May.  Yet  she,  not  satisfied  herewith,  com- 
plained bitterly  of  the  dishonour  she  had  received,  and  by  a 
letter  written  to  the  king,  full  of  passion  and  anger,  which 
she  gave  her  eleemosynar  to  carry,  required  a  public  repara- 
tion, by  the  punishment  of  the  earl  of  Mar  and  his  servants. 
The  king,  who  knew  the  earl  himself  to  be  blameless,  and 
desired  not  to  be  troubled  with  such  business,  especially  at 
that  time,  returned  this  answer,  "  That  she  should  do  wisely 
to  forget  the  grudges  she  carried  to  the  earl  of  Mar,  and 
thank  God  of  the  peaceable  possession  they  had  obtained  of 
these  kingdoms,  which  next  unto  God  his  goodness  ho 
ascribed  to  the  last  negotiation  of  the  earl  of  Mar  in  Eng- 
land," This  reported  to  the  queen  (for  the  messenger  was 
commanded  to  speak  so  much),  she  in  a  great  choler  replied, 
"  That  she  would  rather  have  wished  never  to  see  England, 
than  to  be  in  any  sort  beholding  to  him  for  the  same,"  Yet 
as  she  was  a  most  mild  princess,  and  very  careful  to  please 
the  king  in  every  thing,  at  her  coming  to  Windsor,  which 
was  about  the  end  of  June,  she  was  reconciled  to  the  earl  of 
Mar,  and   he,  by  act   of  council,  declared   to   have  done 


A.  D.   1603.]  CHURCH  OF  SCOTLAND.  141 

nothing  in  that  accident  at  Stirhng  that  might  touch  her  in 
honour. 

At  the  same  time  was  the  Princess  Ehzabeth,  who  was 
brought  alongst  with  the  queen,  taken  from  the  earl  of 
Linhthgow,  and  given  to  the  custody  of  the  Lady  Harring- 
ton ;  the  earl  his  service  in  her  education  being  by  act  of 
council  approved. 

All  this  summer  the  sickness  was  reigning  at  London, 
which  made  the  coronation  to  be  deferred  unto  July,  on  the 
twenty-seventh  day  whereof  the  king  and  queen  were  sol- 
emnly inaugurated  in  the  church  of  Westminster,  John 
Whitgift,  archbishop  of  Canterbury,  performing  the  cere- 
monies. There  had  been  some  few  days  before  a  conspiracy 
detected  against  the  king,  plotted  by  two  priests,  the  one 
called  William  Watson,  the  other  William  Grey,  and  George 
Brook,  esquire. 

There  joined  with  them  upon  some  discontents  the  Lord 
Cobham,  the  Lord  Gray,  Sir  Griffin  Marcham,  and  Sir 
Walter  Raleigh.  This  last  had  served  the  late  queen  a  long 
time,  as  captain  of  her  guard ;  and  being  put  from  the  place, 
and  the  same  bestowed  upon  Sir  Thomas  Erskine,  Lord 
Fenton  in  Scotland,  he  grudged  exceedingly.  The  treason 
being  discovered,  (which  came  by  this  occasion ;  Raleigh 
parting  with  his  sister  at  London  had  commended  himself  to 
her  prayers,  saying,  "  That  he  was  going  whence  he  thought 
not  to  return ;  "  which  she  did  interpret  of  some  combat  he 
had  undertaken,  and  breaking  the  same  to  her  neighbours, 
the  words  were  carried  to  court,  where  they  received  an- 
other construction),  they  were  all  apprehended,  and  com- 
mitted to  several  prisons.  Being  brought  to  their  trial  in 
Winchester  about  the  beginning  of  December,  they  were 
found  guilty,  and  condemned  to  die.  George  Brook  and  the 
two  priests  were  executed  as  traitors ;  the  rest,  whilst  they 
expected  nothing  but  death,  (for  they  were  brought  all,  one 
after  another,  to  the  place  of  execution,  and  their  heads  laid 
under  the  axe  to  be  cut  off,)  were  spared,  and  the  execution 
of  the  sentence  pronounced  against  them  suspended. 

The  people  that  were  assembled  in  great  numbers  hearing 
the  mandate  read,  (which  was  pubHshed  by  the  Sheriff,  and 
was  to  this  effect,  "  That  his  majesty,  unwilling  to  have  the 
beginning  of  his  reign  stained  with  the  blood  of  noblemen. 


142  THE  HISTORY  OF  THE  [a.  D.  1604. 

though  convicted  of  a  most  heinous  crime,  was  pleased  to 
extend  his  clemency  towards  them  ;  and  having  spared  the 
Lords  Cobham  and  Gray,  because  in  the  dispensing  of  mercy 
regard  must  be  taken  likewise  of  inferiors,  had  bestowed  the 
same  favour  on  the  other  two,")  did  greatly  extol  his  majesty's 
clemency,  promising  to  themselves  much  happiness  under  his 
government,  that  could  so  temper  his  justice  with  mercy. 
Cobham  and  Gray,  lifting  up  their  hands  to  heaven,  "  did 
thank  God,  who  had  thus  inclined  his  majesty's  heart,  pro- 
fessing they  were  unworthy  of  life,  and  that  they  should  be 
ashamed  ever  to  show  their  faces  amongst  men,  having 
wronged  so  good  and  gracious  a  king." 

The  next  year  began  with  a  conference  of  the  clergy  at 
Hampton  Court.  Divers  petitions  had  been  exhibited  to  his 
majesty  for  reformation  of  abuses  in  the  Church  ;  whereupon 
he  took  purpose  to  call  certain  of  the  bishops,  deans,  and 
doctors  together,  and  with  them  some  of  the  most  grave  and 
modest  amongst  the  complainers.  The  bishops  were,  the 
archbishop  of  Canterbury,  the  bishops  of  London,  Durham, 
Winchester,  Worcester,  St  Davids,  Chichester,  Carlisle,  and 
Peterborough  ;  the  deans  of  the  Chapel,  Christ-church,  Wor- 
cester, Westminster,  Paul's,  Chester,  Windsor,  Dr  Field,  and 
Dr  King.  For  the  petitioners,  Dr  Reynolds,  Dr  Spark,  Mr 
Knewstubb,  and  Mr  Chatterton  were  present. 

These  being  called  into  the  privy-chamber,  the  king  spake 
unto  them  to  this  effect :  "  That  following  the  example  of  all 
Christian  princes,  who,  in  the  commencement  of  their  reign, 
do  usually  begin  with  the  establishment  of  the  Church,  he 
had  now  at  his  entrance  to  the  Crown  taken  course  to  assemble 
them,  for  settling  an  uniform  order  in  the  same,  for  planting 
unity,  removing  dissensions,  and  reforming  abuses,  which  (he 
said)  were  naturally  incident  to  all  politic  bodies.  And  yet 
that  he  should  not  be  mistaken,  and  his  purpose  in  assembhng 
them  misconstrued,  he  declared  that  his  meaning  was  not  to 
make  any  innovation  of  the  government  established,  which 
he  knew  was  approved  of  God,  but  to  hear  and  examine  the 
complaints  that  were  made,  and  remove  the  occasions  there- 
of; whereof  he  willed  the  petitioners  to  begin,  and  show 
what  the  things  were  that  grieved  them." 

Doctor  Reynolds  with  the  other  three,  falling  upon  their 
knees,  after  a  short  gratulatory  preamble,  reduced  the  matters 


A.  D.   1604.]  CHURCH  OF  SCOTLAND.  143 

questioned  to  two  heads  ;  some,  lie  said,  concerned  the  doc- 
trine of  the  Church,  and  others  the  government. 

Touching  the  doctrine,  that  in  the  book  of  articles  of  reli- 
gion some  things  were  obscure,  and  some  things  defective, 
which  they  wished  to  be  supplied  and  explained.  Being  de- 
sired to  name  the  particulars,  he  condescended  upon  some 
articles ;  whereof  after  they  had  conferred  a  while,  and  he 
professed  to  have  received  satisfaction,  the  king  said,  "  that  if 
these  were  the  greatest  matters  that  grieved  them,  such  im- 
portunity needed  not  as  was  used  to  him,  and  that  a  more 
private  course  had  been  better."  Then  falling  to  speak  of 
the  government  of  the  Church,  the  want  and  scarcity  of  suf- 
ficient ministers  in  every  parish  was  much  complained  of,  with 
the  subscription  urged  to  the  communion-book  ;  the  censures 
inflicted  by  lay  chancellors  ;  and  other  more  points,  which 
are  to  be  seen  in  the  conference  imprinted.  After  some 
three  hours  debating,  they  were  commanded  to  meet  again 
in  the  same  place  the  eighteenth  of  January,  at  which  time 
they  should  know  his  majesty's  pleasure  in  these  matters. 

At  the  day  the  bishops,  deans,  and  doctors  of  the  arches 
being  first  called,  the  archbishop  presented  certain  notes  of 
explanation  of  the  liturgy,  which  the  king  had  commended 
to  the  bishop's  care  ;  and  thereafter  his  majesty  questioning 
them  touching  the  exercise  of  the  high  commission,  the  oath 
ex  officio,  the  censure  of  excommunication,  and  the  matter  of 
subscription  ;  when  as  they  had  answered  in  all  these  points 
to  his  majesty's  content.  Doctor  Reynolds  and  the  others 
were  desired  to  come  into  the  chamber,  and  the  foresaid 
explanations  read  unto  them,  wherewith  they  professed  to 
be  satisfied.  The  king  upon  this,  expressing  a  great  content- 
ment with  that  which  had  passed  among  them,  did  seriously 
exhort  them  to  the  preservation  of  unity,  wiUing  the  bishops 
to  use  their  inferiors  with  all  lenity,  and  take  the  fairest 
ways  for  reclaiming  those  that  were  otherwise  minded ;  warn- 
ing these  others  also  to  beware  of  obstinacy  in  their  opinions, 
and  disobedience  to  the  orders  of  the  Church.  "  Obedience," 
said  he,  "  and  humility  are  the  marks  of  good  and  honest  men; 
such  I  believe  you  to  be,  but  it  feareth  me  that  many  of  your 
sort  are  humorous,  and  too  busy  in  the  perverting  of  others. 
The  exceptions  taken  against  the  communion- book,  as  I  per- 
ceive, are  matters  of  mere  weakness,  and  they  who  are  dis- 


144  THE  HISTORY  OV  THE  [a.  D.   1604, 

creet  will  be  gained  with  time,  by  gentle  pei'suasions ;  or  if 
they  be  undiscreet,  better  it  is  to  remove  them  than  to  have 
the  Church  troubled  with  their  contentions.  For  the  bishops 
I  will  answer,  that  it  is  not  their  purpose  presently  and  out 
of  hand  to  enforce  obedience,  but  by  fatherly  admonitions 
and  conferences  to  induce  such  as  are  disaffected.  But  if 
any  be  of  an  opposite  and  turbuleut  spirit,  I  will  have  them 
enforced  to  a  conformity.  Neither  tell  me,  that  the  wearing 
of  a  surplice  or  using  the  cross  in  baptism  will  diminish  the 
credit  of  ministers  tlmt  have  formerly  disallowed  the  same ; 
for  this  is  just  the  Scottish  argument,  when  any  thing  was 
concluded  that  sorted  not  with  their  humour,  the  only  reason 
why  they  would  not  obey  was,  that  it  stood  not  with  their 
credit  to  yield,  having  been  so  long  of  a  contrary  opinion. 
I  will  none  of  that ;  but  let  a  time  be  limited  by  the  bishops 
of  every  diocese  to  such,  and  they  that  will  not  yield,  who- 
soever they  are,  let  them  be  removed  ;  for  we  must  not  pre- 
fer the  credit  of  a  few  private  men  to  the  general  peace  of 
the  Church." 

Throughout  all  this  conference  in  every  point  that  was 
moved,  or  came  to  be  talked  of,  the  king  did  show  such 
knowledge  and  readiness,  as  bred  not  a  small  admiration  in 
the  hearers.  Chancellor  Egerton,  wondering  to  see  him  so 
expedite  and  perfect  in  all  sort  of  divinity,  said,  "  That  he 
had  often  heard  and  read  that  Eex  est  mixta  persona  cum  sacer- 
dote ;  but  that  he  saw  never  the  truth  of  it  until  that  day." 
Let  me  add  that  which  I  was  afterwards  told  by  Richard 
Bancroft,  archbishop  of  Canterbury,  (for  VVhitgift  died  the 
next  month  after  the  conference,  one  of  the  great  glories  of 
the  English  Church,)  that  when  the  rolls  were  brought  in 
of  those  that  stood  out  and  were  deposed,  which  was  some 
years  after,  they  were  found  to  be  forty-nine  in  all  England, 
whenas  the  ministers  of  that  kingdom  are  reckoned  nine 
thousand  and  above.  Such  a  noise  will  a  few  disturbers 
cause  in  any  society  where  they  are  tolerated ! 

In  the  March  thereafter  a  parliament  was  kept  in  Eng- 
land, where  the  king,  after  he  had  given  thanks  to  the  state 
for  the  general  applause  tliey  showed  in  receiving  him  to  the 
place  which  God  by  birthright  and  lineal  descent  had  pro- 
vided for  him,  did  earnestly  move  the  union  of  the  two 
kingdoms,  that  as  they  were  made  one  in  the  head,  so  among 


A.  D.   1604.]  CHURCH  OF  SCOTLAND.  145 

themselves  they  might  be  inseparably  conjoined,  and  all 
memory  of  by-past  divisions  extinguished  :  a  motion  that 
took  Avell  at  first,  and  seemed  to  be  generally  desired  of  both 
nations,  but  did  not  succeed  as  was  wished.  The  parliament 
always  at  his  majesty's  desire,  and  for  a  demonstration  of 
their  obedience,  did  nominate  Thomas  lord  EUesmere,  lord 
chancellor  of  England,  Thomas  earl  of  Dorset,  treasurer, 
Charles  earl  of  Nottingham,  lord  high  admiral,  Henry  earl  of 
Southampton,  William  earl  of  Pembroke,  Henry  earl  of  Nor- 
thampton, Richard  bishop  of  London,  Toby  bishop  of  Durham, 
Anthony  bishop  of  St  Davids,  Robert  lord  Cecil,  principal 
secretary  to  his  majesty,  Edward  lord  Zouch,  lord  president 
of  Wales,  William  lord  Monteagle,  Ralph  lord  Eure,  Edmond 
lord  Shefiield,  lord  president  of  the  council  of  the  north,  lords 
of  the  higher  house  :  and  Thomas  lord  Clinton,  Robert  lord 
Buckhurst,  Sir  Francis  Hastings,  knight.  Sir  John  Stanhope, 
knight,  vice-chamberlain  to  the  king's  majesty.  Sir  George 
Carew,  knight,  vice-chamberlain  to  the  queen's  majesty,  Sir 
John  Herbert,  knight,  second  secretary  to  his  majesty,  Sir 
Thomas  Sti'ickland,  knight.  Sir  Edward  Stafford,  knight, 
Sir  Henry  Neville  of  Berkshire,  knight,  Sir  Richard  Buckly, 
knight.  Sir  Henry  Billingsly,  knight,  Sir  Daniel  Dunn, 
knight,  dean  of  the  arches,  Sir  Edward  Hobby,  knight.  Sir 
John  Savile,  knight.  Sir  Robert  Wroth,  knight,  Sir  Thomas 
Challoner,  knight,  Sir  Robert  Mansell,  knight.  Sir  Thomas 
Ridgway,  knight.  Sir  Thomas  Holcroft,  knight.  Sir  Thomas 
Hasketh,  knight,  his  majesty's  attorney  of  the  court  of 
wards  and  liveries.  Sir  Francis  Bacon,  knight.  Sir  Lawrence 
Cawfield,  knight,  serjeant-at-law.  Sir  Henry  Hubart,  knight, 
serjeant-at-law.  Sir  John  Bennet,  knight,  doctor  of  the  laws, 
Sir  Henry  Witherington,  Sir  Ralph  Gray,  and  Sir  Thomas 
Lake,  knights,  Robert  Askwith,  Thomas  James,  and  Henry 
Chapman,  merchants,  knights  and  burgesses  of  the  house  of 
commons  :  "  Giving  them,  or  any  eight  or  more  of  the  said 
lords  of  the  higher  house,  and  any  twenty  of  the  said  knights 
and  burgesses  of  the  said  house  of  commons,  full  power,  liberty, 
and  commission  to  assemble  and  meet,  at  any  time  or  times  be- 
fore the  next  session  of  parhament,  for  treating  and  consulting 
with  certain  selected  commissioners,  to  be  nominated  and 
authorized  by  authority  of  the  parliament  of  the  realm  of 
Scotland,  of  and  concerning  such  an  union  of  the  said  realms 

VOL.  III.  10 


146  THE  HISTORY  OF  THE  [a.  D.  1604. 

of  England  and  Scotland,  and  of  and  concerning  such  other 
matters,  causes  and  things  whatsoever,  as  upon  mature 
deliberation  and  consideration  the  greatest  part  of  the  said 
lords,  knights,  citizens,  and  burgesses,  being  assembled  with 
the  commissioners  to  be  nominated  by  the  parliament  of  Scot- 
land, shall  in  their  wisdom  think  and  deem  convenient  and 
necessary  for  the  honour  of  his  majesty,  and  the  weal  and 
common  good  of  both  the  said  realms,  during  his  majesty's 
life,  and  under  all  his  progeny  and  royal  posterity  for  ever : 
which  commissioners  of  both  the  said  realms  shall,  according 
to  the  tenor  of  their  said  commissions,  reduce  their  doings 
and  proceedings  into  writings,  or  instruments  tripartite,  every 
part  to  be  subscribed  and  sealed  by  them,  to  the  end  that 
one  part  thereof  may  in  all  humility  be  presented  to  his  most 
excellent  majesty ;  the  second  part  to  be  offered  to  the  con- 
sideration of  the  next  session  of  parliament  for  the  realm  of 
England,  and  the  third  to  be  offered  to  the  consideration  of 
the  next  parliament  for  the  realm  of  Scotland ;  that  there- 
upon such  farther  proceeding,  may  be  had,  as  by  both  the 
said  parliaments  shall  be  thought  tit  and  necessary  for  the 
weal  and  common  good  of  both  the  said  realms," 

A  parliament  in  Scotland  for  the  same  purpose  was  indicted 
to  the  tenth  of  April,  and  thereafter  prorogated  to  the 
eleventh  of  July  ;  at  which  time  the  lords  spiritual  and  tem- 
poral, assembled  by  virtue  of  his  majesty's  commission,  did 
ordain  the  persons  following  :  they  are  to  say,  John  earl  of 
Montrose,  chancellor  of  Scotland,  Francis  earl  of  Erroll,  high 
constable  of  Scotland,  James  earl  of  Glencarne,  Alexander 
earl  of  Linlithgow,  John  archbishop  of  Glasgow,  David 
bishop  of  Ross,  George  bishop  of  Caithness,  Walter  prior  of 
Blantyre,  Patrick  lord  Glammis,  Alexander  lord  Elphing- 
ston,  Alexander  lord  Fy  vie,  president  of  the  session  of  Scot- 
land, Robert  lord  Roxburgh,  James  lord  Abercorn,  James 
lord  Balmerino,  principal  secretary  of  Scotland,  David 
lord  of  Scone,  Sir  James  Scrimgeour  of  Dudop,  knight.  Sir 
John  Cockburn  of  Ormiston,  knight.  Sir  John  Home  of 
Cowdenknows,  knight.  Sir  David  Carnegie  of  Kinnaird, 
knight,  Sir  Robert  Melvill,  elder  of  Murdocarnie,  knight, 
Sir  Thomas  Hamilton  of  Binnie,  knight,  Sir  John  Lermonth 
of  Balcony,  knight,  Sir  Alexander  Straiten  of  Lauriston, 
knight,  Sir  John  Skeen  of  Curryhill,  knight,  Mr  John  Sharp 


A.  D.  1604.]  CHURCH  OF  SCOTLAND.  147 

of  Houston,  law  jer,  Mr  Thomas  Craig,  lawyer,  Henry  Nisbet, 
George  Bruce,  Alexander  Rutherford,  and  Mr  Alexander 
Wedderburn,  merchants,  or  any  twenty  of  them,  "  to  assem- 
ble and  convene  themselves,  after  the  ending  of  the  present 
session  of  parliament,  and  before  the  next  session  thereof,  at 
such  time  and  in  such  place  as  it  should  please  his  majesty  to 
appoint,  with  certain  selected  commissioners,  nominated  and 
authorized  by  the  parliament  of  England,  according  to  the 
tenor  of  their  commissions  in  that  behalf,  to  confer,  treat,  and 
consult  upon  a  perfect  union  of  the  realms  of  Scotland  and 
England,  and  concerning  such  other  matters,  things  and 
causes  whatsoever,  tending  to  his  majesty's  honour  and  con- 
tentment, and  to  the  weal  and  tranquillity  of  both  the  king- 
doms, during  his  majesty's  life  and  his  royal  posterity  for 
ever,  as  upon  mature  deliberation  the  greater  part  of  the 
said  commissioners,  assembled,  as  is  aforesaid,  with  the  com- 
missioners authorized  by  the  parliament  of  England,  shall  in 
their  wisdoms  think  most  expedient  and  necessary,  not  dero- 
gating from  any  fundamental  laws,  ancient  privileges,  and 
rights,  offices,  dignities,  and  liberties  of  the  kingdom."  This 
last  clause  was  added  because  of  the  narrative  of  the  English 
act,  wherein  it  was  said,  "  that  it  was  not  his  majesty's  mind 
to  alter  or  innovate  the  fundamental  laws,  privileges,  and 
good  customs  of  the  kingdom  of  England ;  by  the  abolishing 
or  alteration  whereof  it  was  impossible  but  that  a  present 
confusion  should  fall  upon  the  whole  state  and  frame  of  that 
kingdom."  In  all  other  things  the  statute  in  substance  was 
the  same  with  the  English. 

Soon  after  this,  the  king  resolving  to  have  Westminster, 
at  London,  the  place  of  the  meeting,  letters  were  directed  to 
the  noblemen  and  others  nominated  for  Scotland,  willing  them 
to  address  themselves  to  the  journey,  and  to  be  ready  to 
meet  with  the  other  commissioners  the  twentieth  of  October ; 
and  lest  any  disorder  should  fall  out  in  the  absence  of  the 
chancellor  and  others  of  the  council,  the  Lord  Newbottle 
was  appointed  to  attend  and  preside  in  council  unto  their 
return. 

The  day  and  place  of  meeting  was  precisely  observed  by 
the  commissioners  of  both  kingdoms,  who  after  many  days 
conferences  agreed  unto  certain  articles  to  be  presented  to 
his  majesty  and  to  the  courts  of  parliament  of  both  kingdoms, 


148  THE  HISTORY  OF  THE  [a.  D.   1604. 

there  to  receive  such  strength  and  approbation  as  in  their 
wisdoms  should  seem  expedient.  The  articles  were  as  fol- 
loweth  : — 

"  It  is  agreed  by  the  commissioners  of  England  and  Scot- 
land, to  be  mutually  proponed  to  the  parliament  of  both 
realms  at  the  next  sessions,  that  all  hostile  laws  made  and 
conceived  expressly,  either  by  England  against  Scotland,  or 
Scotland  against  England,  shall  in  the  next  sessions  be  abro- 
gated and  utterly  extinguished. 

"  It  is  also  agreed,  that  all  laws,  customs,  and  treaties  of 
the  borders  betwixt  England  and  Scotland,  shall  be  declared 
by  a  general  act  to  be  abrogated  and  abolished,  and  that  the 
subjects  on  either  part  shall  be  governed  by  the  laws  and 
statutes  of  the  kingdoms  where  they  dwell,  and  the  name  of 
the  borders  extinguished. 

"  And  because  by  abolishing  the  border  laws  and  customs 
it  may  be  doubted  that  the  executions  shall  cease  upon  those 
sentences  that  have  heretofore  been  given  by  the  opposite 
officers  of  those  borders,  upon  wrongs  committed  before  the 
death  of  the  late  queen  of  happy  memory,  it  is  thought  fit 
that  in  case  the  commissioners  or  officers  to  be  appointed  by 
his  majesty,  before  the  time  of  the  next  sessions  of  parlia- 
ment, shall  not  procure  sufficient  redress  of  such  filed  bills 
and  sentences,  that  then  the  said  pai'liaments  may  be  moved 
to  take  such  order  as  to  their  wisdoms  shall  seem  convenient, 
for  satisfaction  of  that  which  hath  been  decerned  by  some 
officers  ;  as  also  how  disorders  and  insolencies  may  be  here- 
after repressed,  and  the  country  which  was  lately  of  the  borders 
kept  in  peace  and  quietness  in  time  to  come.  As  hkewise  to 
prescribe  some  order,  how  the  pursuits  of  former  wrongs, 
preceding  the  death  of  the  late  queen,  and  since  the  last 
treaties  of  the  borders  in  the  years  1596  and  1597,  which 
have  never  as  yet  been  moved,  may  be  continued  and  prose- 
cuted to  a  definitive  sentence. 

"  And  forasmuch  as  the  next  degree  to  the  abolition  of  all 
memory  of  hostility  is  the  participation  of  mutual  commodi- 
ties and  commerce,  it  is  agreed,  first,  concerning  impor- 
tation of  merchandise  into  either  realm  from  foreign  parts, 
that  whereas  certain  commodities  are  wholly  prohibited  by 
the  several  laws  of  both  realms  to  be  brought  into  either  of 
them  by  the  natives  themselves  or  by  any  other,  the  said 


A.  D.  1604.]  CHURCH  OF  SCOTLAND.  149 

prohibitions  shall  now  be  made  mutual  to  both,  and  neither 
an  Enghshman  bring  into  Scotland,  nor  a  Scotchman  into 
England,  any  of  these  prohibited  wares  and  commodities  : 
nevertheless  if  the  said  commodities  be  made  in  Scotland,  it 
shall  be  lawful  to  bring-  them  out  of  Scotland  to  England  ; 
and  so  reciprocally  of  the  commodities  made  in  England,  and 
carried  to  Scotland. 

"  Whereas  a  doubt  hath  been  conceived  against  the  equal 
communication  of  trade  betwixt  English  and  Scottish  subjects 
in  matter  of  importation,  grounded  upon  some  inequality  of 
privileges  which  the  Scots  are  supposed  to  have  in  foreign 
parts,  and  namely  in  France,  above  the  English,  whereby 
the  English  might  be  prejudged  ;  and  that,  after  a  very  de- 
liberate consideration  had  of  the  said  supposed  inequalities, 
both  private  and  public  examination  of  divers  merchants  of 
either  side,  touching  all  liberties,  immunities,  privileges,  im- 
posts, and  payments  on  the  part  of  the  English,  and  on  the 
part  of  the  Scottish,  either  at  Bordeaux  for  their  trade  of 
wines,  or  in  Normandy,  or  any  other  part  of  France  for  other 
commodities,  it  appeared  that  in  the  trade  of  Bordeaux  there 
was  and  is  so  little  difference,  in  any  advantage  of  privileges 
or  immunities,  or  in  the  imposts  and  payments,  all  being 
reckoned  and  well  weighed  on  either  side,  as  it  could  not 
justly  hinder  the  communication  of  trade;  in  the  trade  of 
Normandy  likewise,  or  any  other  parts  of  France,  the  advan- 
tage that  the  Scottish  subjects  by  their  privilege  are  acknow- 
ledged to  have  is  such,  as  without  much  difficulty  may  be 
reconciled  and  reduced  to  an  equality  with  the  English,  by 
such  means  as  is  after  declared ;  it  is  agreed  that  the  Scotch- 
men shall  be  free  for  the  transporting  of  wine  from  Bordeaux 
into  England,  paying  the  same  customs  and  duties  that  the 
Englishmen  do  pay,  and  the  Englishmen  shall  be  likewise 
free  for  transporting  of  Avine  or  other  commodities  from  Bor- 
deaux into  Scotland,  paying  the  same  customs  and  duties 
that  the  Scotchmen  do  pay  there. 

"  And  likewise  for  clearing  and  resolving  the  doubts 
touching  the  advantage  that  the  Scots  are  supposed  to  have 
above  the  English,  in  buying  and  transporting  the  commodi- 
ties of  Normandy,  and  of  other  parts  of  the  kingdom  of  France, 
(excepting  the  buying  of  wine  in  Bordeaux,  which  is  already 
determined,)  it  is  agreed  that  there  shall  be  sent  some  meet 


150  THE  HISTORY   OF  THE  [a.  D.   1604. 

and  discreet  persons  into  France,  two  for  either  side,  there 
to  take  perfect  notice  of  any  such  advantage  as  either  the 
EngHsh  have  above  the  Scots,  or  the  Scots  above  the  Eng- 
lish, in  the  buying  and  transporting  of  any  commodities  of 
Normandy  or  any  parts  of  France,  (excepting  the  trade  for 
wine  at  Bordeaux,)  and  as  the  said  persons  shall  find  the  ad- 
vantage to  be,  so  for  making  the  trade  equal,  the  customs 
shall  be  advanced  to  the  king  in  England  and  Scotland. 
And  for  the  part  of  those  that  have  the  advantage,  and 
according  to  the  proportion  of  the  said  advantage,  the  ad- 
vancement of  the  customs  to  continue  no  longer  than  the 
privilege  having  such  advantage  shall  continue  ;  and  that 
generally  for  all  other  trade  from  any  parts,  the  English 
and  Scottish  subjects,  each  in  other's  country,  shall  have 
liberty  of  importation  as  freely  as  any  of  the  native  subjects 
themselves  having  special  privilege. 

"  Next  concerning  exportation,  it  is  agreed  that  all  such 
goods  as  are  prohibited  and  forbidden  to  Englishmen  them- 
selves to  be  transported  forth  of  England  to  any  foreign  part, 
the  same  shall  be  unlawful  for  any  Scotchmen  or  any  other 
to  transport  to  any  foreign  nation  beyond  sea,  under  the 
same  penalties  and  forfeitures  that  the  English  are  subject 
unto ;  and  reciprocally,  that  forth  of  Scotland  no  English- 
men shall  transport  to  any  foreign  part  the  goods  or  com- 
modities that  are  prohibited  in  Scotland  to  Scotchmen 
themselves.  Nevertheless  such  goods,  and  commodities,  and 
merchandises  as  are  licensed  to  Englishmen  to  transport  out 
of  England  to  any  foreign  part,  the  same  may  be  likewise 
transported  by  Scotchmen  thither,  they  certifying  their 
going  into  foreign  parts,  and  taking  a  cocquet  accordingly 
and  paying  the  ordinary  custom  that  Englishmen  do  pay 
themselves  at  the  exporting  of  such  wares  :  the  like  liberty 
to  be  for  Eno-lishmen  in  Scotland. 

"  As  for  the  native  commodities  which  either  of  the  coun- 
tries do  yield,  and  may  serve  for  the  use  and  benefit  of  the 
other,  it  is  agreed  that  mutually  there  may  be  transported 
forth  of  England  to  Scotland,  and  forth  of  Scotland  to  Eng- 
land, all  such  wares  as  are  either  of  the  growth  or  handi- 
work of  either  of  the  said  realms,  without  payment  of  any 
impost,  custom,  or  exaction,  and  as  freely  in  all  respects  as 
any  wares  may  be  transported  either  in  England  from  port 


A.  D.  1604.]  CHURCH  OF  SCOTLAND.  151 

to  port,  or  in  Scotland  from  port  to  port ;  excepting  such 
particular  sorts  of  goods  and  merchandises  as  are  hereafter 
mentioned,  being  restrained  for  the  proper  and  inward  use  of 
each  country.  And  for  that  purpose  it  is  declared,  that  both 
in  this  communication  of  benefit  and  participation  of  the 
native  commodities  of  the  one  country  -with  the  other,  there 
shall  be  specially  reserved  and  excepted  the  sorts  hereafter 
specified  :  That  is  to  say,  wool,  sheep,  sheepfell,  cattle, 
leather,  hides,  and  linen-yarn,  which  are  specially  restrained 
within  each  country,  not  to  be  transported  from  the  one  to 
the  other ;  excepting  also  and  reserving  to  the  Scotchmen 
their  trade  of  fishing  within  their  lochs,  firths,  and  bays 
within  land,  and  in  the  seas  within  fourteen  miles  of  the  coasts 
of  the  realm  of  Scotland,  where  neither  Englishmen  nor  any 
strangers  have  used  to  fish  ;  and  so  reciprocally  in  the  point 
of  fishing  on  the  behalf  of  England.  All  which  exceptions 
and  restrictions  are  not  to  be  understood  or  meaned  in  any 
sort  for  a  mark  or  note  of  separation  or  disunion,  but  only  as 
matters  of  poUcy  and  conveniency  for  the  several  estate  of 
each  country. 

"  Furthermore,  it  is  agreed  that  all  foreign  wares  to  be 
transported  forth  of  Scotland  to  England,  or  out  of  England 
to  Scotland,  by  any  of  the  king's  subjects  of  either  kingdom, 
having  at  their  first  entry  once  paid  custom  in  either  of  the 
kingdoms,  shall  not  pay  outward  custom  therein  afterwards, 
save  only  inward  custom  at  that  port  whereunto  they  shall 
be  transported :  but  the  owner  of  the  goods,  or  the  factor  or 
master  of  the  ship,  shall  give  bond  not  to  transport  the  same 
into  any  foreign  part. 

"  It  is  also  agreed  that  Scotchmen  shall  not  be  debarred 
from  being  associates  unto  any  English  company  of  merchants, 
as  merchant-venturers  or  others,  upon  such  conditions  as  any 
native  Englishman  may  be  admitted  ;  and  so  reciprocally 
for  Englishmen  in  Scotland. 

•'  It  is  nevertheless  agreed  by  mutual  consent,  and  so  to 
be  understood,  that  the  mutual  liberty  aforesaid  of  exporta- 
tion and  trade  in  each  part  from  the  one  to  the  other,  shall 
serve  for  the  inward  use  only  of  either  realm ;  and  order 
taken  for  restraining  and  prohibiting  the  transportation  of  the 
said  commodities  into  foreign  parts,  and  for  due  punishment 
of  those  that  shall  transgress  in  that  behalf. 


152  THE  HISTORY  OF  THE  [a,  D.  1604. 

"  And  for  the  better  assurance  and  caution  herein,  it  is 
agreed  that  every  merchant  so  offending  shall  forfeit  his 
whole  goods;  the  ships  wherein  the  said  goods  shall  be 
transported,  confiscated  ;  the  customers,  searchers,  and  other 
officers  of  the  custom  whatsoever,  in  case  of  consent  or 
knowledge  on  their  part,  to  lose  their  offices  and  goods,  and 
their  bodies  to  be  imprisoned  at  his  majesty's  pleasure.  Of 
which  escheats  and  forfeitures  two  parts  shall  appertain  to  his 
majesty,  if  the  customs  be  unfarmed,  and  the  third  to  the 
informer :  and  if  the  customs  be  farmed,  one  third  of  the 
forfeiture  sliall  belong  to  his  majesty,  a  third  to  the  farmers 
of  the  customs,  and  the  other  third  to  the  informer.  The 
trial  of  the  offence  to  be  summary  in  either  country  in  the 
exchequer  chamber  by  writ,  sufficient  witnesses,  or  oath  of 
party,  or  before  the  justice  by  jury  or  assize;  and  his 
majesty's  officers  in  either  country  to  convene  with  the  com- 
plainers  that  have  interest  in  the  pursuit. 

"  As  also  for  the  more  surety  that  there  shall  be  no  trans- 
portation of  such  goods,  it  is  agreed  that  at  the  shipping  of 
all  such  native  commodities  there  be  taken  by  the  customer 
of  the  port  where  the  goods  or  wares  are  embarked,  a  bond 
or  obligation  subscribed  by  the  owner  of  the  said  goods,  and 
master  of  the  ship ;  by  the  owner,  if  he  be  present,  and  in 
case  of  his  absence,  by  the  master  of  the  ship,  and  factor  or 
party  that  ladeth  the  same ;  which  bond  shall  contain  a  sura 
of  money  answerable  to  the  value  of  the  goods,  with  condition 
of  relieving  the  party  obliged,  and  discharging  him  of  the 
said  bond  in  case  return  be  made  of  a  due  certificate  to  the 
customer  where  the  goods  were  laden,  from  any  part  within 
England  or  Scotland:  the  certificate  to  be  subscribed  and 
sealed  by  the  officers  of  the  customs  of  the  port  where  the 
said  goods  shall  arrive,  and  be  unladened ;  or  if  there  be  no 
such  officers  there,  by  the  chief  magistrate  and  town-clerk  of 
that  harbour-town,  under  their  hand  and  seal. 

"  It  is  farther  agreed  touching  the  indifferent  shipping  of 
commodities  either  in  English  or  Scotch  bottoms,  that  Eng- 
lishmen and  Scotchmen  freight  and  laden  their  goods  each  in 
other's  ships  and  bottoms  indifferently,  paying  only  English 
and  Scotch  custom,  notwithstanding  any  contrary  laws  or 
prohibitions.  And  that  a  proposition  be  made  to  the  parlia- 
ment  of  England   for  establishing   some   good  orders  for 


A,  D.   1604.]  CHURCH  OF  SCOTLAND.  153 

upholding  and  maintaining  the  great  fishing  of  England ;  as 
likewise  that  a  proposition  be  made  to  the  parliament  of 
Scotland  for  the  making  of  their  shipping  more  proportion- 
able in  burthen  to  the  shipping  of  England,  the  better  to 
serve  for  equality  of  trade,  and  a  common  defence  for  the 
whole  isle. 

"  And  because  it  is  requisite  that  the  mutual  communica- 
tion aforesaid  be  not  only  extended  to  matter  of  commerce, 
but  to  all  other  benefits  and  privileges  of  natural  born  sub- 
jects, it  is  agreed  that  an  act  be  proponed  to  be  passed  in 
manner  following :  That  all  the  subjects  of  both  realms  born 
since  the  decease  of  the  late  queen,  and  that  shall  be  born 
hereafter  under  the  obedience  of  his  majesty  and  of  his  royal 
progeny,  are  by  the  common  laws  of  both  realms,  and  shall 
be  for  ever  enabled  to  obtain,  succeed,  inherit,  and  possess  all 
goods,  lands  and  chattels,  honours,  dignities,  offices,  liberties, 
privileges  and  benefices,  ecclesiastical  or  civil,  in  parliament 
and  all  other  places  of  the  said  kingdoms,  and  every  one  of 
the  same,  in  all  respects  and  without  any  exception  whatso- 
ever, as  fully  and  amply  as  the  subjects  of  either  realm 
respectively  might  have  done,  or  may  do  in  any  sort  within 
the  kingdom  where  they  are  born. 

"  Farther,  whereas  his  majesty  out  of  his  great  judgment 
and  providence  hath  not  only  professed  in  public  and  private 
speech  to  his  nobility  and  council  of  both,  but  hath  also 
vouchsafed  to  be  contented  that,  for  a  more  full  satisfaction 
and  comfort  of  all  his  loving  subjects,  it  may  be  comprised  in 
the  said  act,  that  his  majesty  meaneth  not  to  confer  any 
office  of  the  crown,  any  office  of  judicatory,  place,  voice,  or 
office  in  parliament  of  either  kingdom  upon  the  subjects  of 
the  other,  born  before  the  decease  of  the  late  queen,  until 
time  and  conversation  have  increased  and  accomplished  an 
union  of  the  said  kingdoms,  as  well  in  the  hearts  of  all  the 
people,  and  in  the  conformity  of  laws  and  policies  in  these 
kingdoms,  as  in  the  knowledge  and  sufficiency  of  particular 
men,  who  being  untimely  employed  in  such  authorities  could 
no  way  be  able,  much  less  acceptable,  to  discharge  such 
duties  belonging  to  them  ;  it  is  therefore  resolved  by  us  the 
commissioners  aforesaid,  not  only  in  regard  of  our  desires 
and  endeavours  to  farther  the  speedy  conclusion  of  this 
happy  work  intended,  but  also  as  a  testimony  of  our  love 


154  THE  HISTORY  OF  THE  [a.  D.   1604. 

and  thankfulness  to  his  majesty  for  his  gracious  promise,  on 
whose  sincerity  and  benignity  we  build  our  full  assurance, 
even  according  to  the  inward  sense  and  feeling  of  our  own 
loyal  and  hearty  affections,  to  obey  and  please  him  in  all 
things  worthy  the  subjects  of  so  worthy  a  sovereign,  that  it 
shall  be  desired  of  both  the  parliaments,  to  be  enacted  by 
their  authority,  that  all  the  subjects  of  both  realms,  born 
before  the  decease  of  the  late  queen,  may  be  enabled  and 
made  capable  to  acquire,  purchase,  inherit,  succeed,  use,  and 
dispose  of  all  lands,  goods,  inhei'itances,   offices,   honours, 
dignities,  liberties,  privileges,  immunities,  benefices,  and  pre- 
ferments whatsoever,  each  subject  in  either  kingdom,  with 
the  same  freedom  and  as  lawfully  and  peaceably  as  the  very 
natural  and  born  subjects  of  either  realm,  where  the  said 
rights,  estates,  or  profits  are  established,   notwithstanding 
whatsoever  law,  statute,  or  former  constitutions  heretofore 
in  force  to  the  contrary,  other  than  to  acquire,  possess,  suc- 
ceed or  inherit  any  office  of  the  crown,  office  of  judicatory, 
or  any  voice,  place,  or  office  in  parliament,  all  which  shall 
remain  free  from  being  claimed,  held,  or  enjoyed  by  the  sub- 
jects of  the  one  kingdom  within  the  other,  born  before  the 
decease  of  the  late  queen,  notwithstanding  any  words,  sense, 
or  interpretation  of  the  act,  or  any  circumstance  thereupon 
depending,  until  there  be  such  a  perfect  and  full  accomplish- 
ment of  the  union  as  is  desired  mutually  by  both  the  realms. 
In  all  which  points  of  reservation,  either  in  recital  of  the 
words  of  his  majesty's  sacred  promise,  or  in  any  clause  or 
sentence  before  specified,  from  enabling  them  to  any  of  the 
aforesaid  places  or  dignities,  it  hath  been  and  ever  shall  be 
so  far  from  the  thoughts  of  any  of  us,  to  presume  to  alter  or 
impair   his  majesty's  prerogative  royal,  (who  contrariwise 
do  all  with  comfort  and  confidence  depend  herein  upon  the 
gracious  assurance  which  his  majesty  is  pleased  to  give  in 
the  declaration  of  his  so  just  and  princely  care  and  favour  to 
all  his  people,)  as  for  a  farther  laying  open  of  our  clear  and 
dutiful   intentions  towards  his   majesty  in  this  and  in  all 
things  else  which  may  concern  his  prerogative,  we  do  also 
herein  profess  and  declare,  that  we  think  it  fit  there  be 
inserted  in  the  act  to  be  proponed  and  passed,  in  express 
terms,  a  sufficient  reservation  of  his  majesty's  prerogative 
royal  to  denizate,  enable,  and  prefer  to  such  offices,  honours, 


A.  D.  1604.]  CHURCH  OF  SCOTLAND.  155 

dignities,  and  benefices  whatsoever  in  both  the  said  king- 
doms, and  either  of  them,  as  are  heretofore  excepted  in  the 
preceding  reservation  of  all  English  and  Scotch  subjects  born 
before  the  decease  of  the  late  queen,  as  freely,  sovereignly, 
and  absolutely,  as  any  of  his  majesty's  most  noble  progenitors 
or  predecessors,  kings  of  England  or  Scotland,  might  have 
done  at  any  time  heretofore,  and  to  all  other  intents  and 
purposes  in  as  ample  manner  as  if  no  such  act  had  ever  been 
thought  of  or  mentioned. 

"  And  forasmuch  as  the  several  jurisdictions  and  adminis- 
trations of  either  realm  may  be  abused  by  malefactors,  for 
their  own  impunity,  if  they  shall  commit  any  offence  in  the 
one  realm,  and  afterwards  remove  their  person  and  abode 
unto  the  other,  it  is  agreed,  that  there  may  be  some  fit  course 
advised  of,  by  the  wisdoms  of  the  parliaments,  for  trial  and 
proceeding  against  the  persons  of  offenders  remaining  in  the 
one  realm,  for  and  concerning  the  crimes  and  faults  com- 
mitted in  the  other  realm  :  And  yet  nevertheless  that  it  may 
be  lawful  for  the  justice  of  the  realm  where  the  fact  is  com- 
mitted, to  remand  the  offender  remaining  in  the  other  realm 
to  be  answerable  unto  justice  in  the  same  realm  where  the 
fact  was  committed,  and  that,  upon  such  remand  made,  the 
offender  shall  be  accordingly  delivered,  and  all  farther  pro- 
ceeding, if  any  be,  in  the  other  realm  shall  cease,  so  as  it 
may  be  done  without  prejudice  to  his  majesty  or  other  lords 
in  their  escheats  and  forfeitures  :  With  provision,  neverthe- 
less, that  this  be  not  thought  necessary  to  be  made  for  all 
criminal  offences,  but  in  special  cases  only ;  as  namely,  in  the 
cases  of  wilful  murder,  falsifying  of  moneys,  and  forging  of 
deeds,  instruments,  and  writings,  and  such  other  like  cases 
as  upon  farther  advice  in  the  said  parliaments  may  be 
thought  fit  to  be  added." 

These  were  the  articles  then  agreed  upon,  which  written 
in  their  several  scrolls  of  parchment  were  subscribed  and 
sealed  at  Westminster  the  sixth  of  December  by  the  commis- 
sioners of  both  parliaments,  and  one  thereof  presented  the 
same  evening  to  his  majesty  by  the  earl  of  Sahsbury,  who, 
in  name  of  the  whole  number  there  present,  having  showed 
what  pains  they  had  taken  in  that  business,  and  how  after 
many  conferences  they  were  grown  to  the  resolution  con- 
tained in  that  scroll,  besought  his  majesty  to  accept  graci- 


156  THE  HISTORY  OF  THE  [a.  D.  1604. 

ously  that  which  was  done,  and  made  offer  of  their  best  ser- 
vice in  perfecting  that  work  as  they  sliould  be  employed. 

The  king  professing  a  great  content  did  specially  thank 
them  for  reserving  his  prerogative  in  the  preferment  of  men 
to  offices  and  honours,  in  either  kingdom  ;  "  for  inequality," 
said  he,  "  of  liberties  and  privileges  is  not  tbe  way  to  effect 
the  union  I  desire ;  capacity  of  offices  ought  to  be  equal  to 
both  people,  but  the  moderation  of  that  equality  must  be 
left  to  me ;  neither  need  you  to  suspect  that  I  will  offer  any 
manner  of  grievance  to  either  of  the  countries,  or  do  any 
thing  that  may  kindle  emulation  among  them,  considering 
the  desire  I  have  to  see  you  united  in  a  fast  and  indissoluble 
amity."  This  said,  he  recommended  the  prosecution  of  that 
business  in  the  several  parhaments  to  their  fidelity  and  trust ; 
wishing  them  to  lay  aside  all  jealousies,  needless  fears,  and 
other  worse  passions,  in  a  matter  that  so  nearly  concerned 
the  good  and  benefit  of  both  kingdoms. 

Some  months  before,  the  king  had  assumed,  by  virtue  of 
his  prerogative,  the  title  of  The  Kixg  of  Great  Britain, 
commanding  the  same  to  be  used  from  thenceforth  in  all  pro- 
clamations, missives,  assurances,  and  treaties,  and  the  names 
of  England  and  Scotland  to  be  discontinued,  except  in  instru- 
ments of  private  parties,  and  where  legality  of  process  would 
not  admit  the  same.  This,  some  in  both  kingdoms  took  ill ; 
but  his  majesty,  esteeming  those  names  whereby  they  had 
been  called  no  better  then  names  of  hostility,  would  needs 
have  the  ancient  name  of  Britain  received,  and  these  of 
Scotland  and  England  abolished.  In  like  manner  he  did 
prohibit  the  name  of  the  borders  to  be  used,  and  ordained  all 
places  of  strength  in  those  parts  (the  houses  of  noblemen  and 
barons  excepted)  to  be  demolished,  their  iron  gates  to  be 
turned  into  plough-irons,  and  the  inhabitants  to  betake  them- 
selves to  labour  and  the  exercises  of  peace.  For  the  same 
purpose  he  did  break  the  garrisons  of  Berwick  and  Carlisle. 
And,  in  memory  of  the  union  so  happily  begun,  made  divers 
pieces  of  gold  and  silver  to  be  coined,  upon  some  whereof 
were  engraven  these  inscriptions  :  Qace  Deus  conjunxit,  nemo 
separet ;  and,  Tueatur  iinita  Deus :  on  others,  Faciam  eo8 
ingentem  unam ;  and,  Henricus  rosas,  Regna  Jacobus.^ 

'  Jun.vit  must  bo  here  understood. 


A.  D.   1605.]  CHURCH  OF  SCOTLAND.  157 

During  this  conference  the  Lord  Fyvie,  president  of  the 
session,  suppUed  tlie  place  of  the  Scotch  chancellor,  and  was 
shortly  after  preferred  to  the  same  office  by  the  earl  of 
Montrose  his  dismission,  who  instead  thereof  was  made 
commissioner  and  deputy  of  Scotland  during  life.  Secretary 
Elphingston  was  chosen  president  of  the  session,  and  all 
affairs  trusted  by  his  majesty  to  the  chancellor  and  him ; 
with  a  special  direction,  that  they  should  be  assisting  to  the 
Church,  and  maintain  those  whom  his  majesty  had  preferred 
to  the  places  of  bishops  in  the  same.  How  they  answered 
the  trust  committed  to  them  in  this  particular,  we  shall 
hear. 

But  leaving  the  matter  of  State,  let  us  now  see  how  things 
went  at  that  time  in  the  Church.  The  General  Assembly, 
that  should  have  kept  at  Aberdeen  in  July  1604,  was  con- 
tinued, because  of  the  business  of  the  union,  to  the  same 
month  in  the  year  following.  The  king  being  informed  of  a 
great  preparation  that  the  ministers  made  for  keeping  that 
meeting,  and  that  they  intended  to  call  in  question  all  the 
conclusions  taken  in  former  Assemblies  for  the  episcopal 
government,  directed  the  commissioners  of  the  Church  to 
desert  the  diet,  and  make  no  indiction  of  another  till  he 
should  be  advertised.  They  accordingly  did  intimate  his 
majesty's  pleasure  to  all  the  presbyteries,  and  therewith,  as 
they  were  desired,  declared  that  his  majesty  did  purpose  to 
call  a  number  of  the  bishops  and  disaffected  ministers  to 
court,  and,  for  preventing  such  a  disordered  meeting,  hear 
the  differences  that  were  among  them  debated  in  his  own 
person. 

The  greater  part  resolved  to  obey.  Nine  presbyteries 
only  of  fifty  (so  many  there  are  reckoned  in  the  whole  king- 
dom) sent  their  commissioners  to  keep  the  meeting.  The 
chief  leaders  of  this  stir  were  Mr  John  Forbes,  minister  of 
Alford,  and  Mr  John  Welch,  minister  at  Ayr.  These  two 
having  encouragement  given  them  in  private  by  some  princi- 
pally in  the  state,  used  all  means  to  bring  the  ministers  to- 
gether, and  were  in  expectation  of  a  frequent  Assembly ; 
yet,  when  the  day  appointed  came,  there  convened  thirteen 
only,  and  after  some  two  or  three  days  seven  or  eight  more. 
The  names  of  the  ministers  that  convened  were,  Mr 
Charles  Farum,  minister  at  Fraserburgh,  Mr  Robert  Young- 


158  THE  HISTORY  OF  THE  [a.  D.  1605. 

son,  minister  at  Clat,  Mr  James  Mill,  minister  at  Inverury, 
MrAIexanderStrachan,  minister  at  Creich,Mr  David  Robert- 
son, minister  at  Fetterangus,  Mr  Robert  Rid,  minister  at  , 
Mr  James  Irvine,  minister  at  Toucli,  Mr  John  Munro,  sub- 
dean  of  Ross,  Mr  William  Forbes,  minister  at  Kinbethock, 
Mr  William  Davidson,  minister  at  Ruthven,  Mr  Thomas 
Abernethy,  minister  at  Hawick,  Mr  James  Greig,  minister  at 
Loudon,  Mr  Nathaniel  IngHs,  minister  at  Craigie,  Mr  James 
Ross  and  Mr  Archibald  Blackburn,  ministers  at  Aberdeen, 
Mr  John  Ross,  minister  at  Blair,  Mr  John  Sharp,  minister  at 
Kilmany,  Mr  Andrew  Duncan,  minister  at  Crail,  Mr  Robert 
Dury,  minister  at  Anstruther,  with  the  said  Mr  John  Forbes 
and  Mr  John  Welch.  Sir  Alexander  Straiton  of  Lauriston, 
commissioner  for  his  majesty  in  Church  affairs,  upon  a 
rumour  he  heard  of  a  meeting  to  be  kept,  lest  any  imputa- 
tion of  negligence  should  be  laid  on  him,  prevented  the  same, 
and  by  letters  he  had  obtained  from  the  secret  council  caused 
discharge  the  Assembly  at  the  market-cross  of  Aberdeen. 
They  nevertheless  convened  the  next  day,  which  being  re- 
ported to  the  commissioner,  he  went  to  the  place,  and  in  his 
majesty's  name  commanded  them  to  dissolve.  They  reply- 
ing, "  that  they  were  warranted  to  meet  by  the  laws  of  the 
country,  and  that  they  could  not  betray  the  liberties  of  the 
Church  by  giving  way  to  such  unlawful  prohibitions,"  he 
showed  them  "  that  the  liberty  granted  for  keeping  Assem- 
blies could  not  annul  his  majesty's  power,  nor  denude  him  of  his 
prerogative  in  the  continuing  or  discharging  these  meetings, 
when  he  should  find  cause ;  for  even  the  parliament,  which 
is  the  highest  court  of  the  kingdom,  said  he,  is  disposed  of  as 
the  king  thinketh  meet ;  at  his  pleasure  it  is  called,  pro- 
rogued, dismissed,  and  deserted,  as  he  judgeth  most  con- 
venient :  and  you  will  not,  I  trust,  equal  your  Assemblies  to 
the  parliament  of  the  three  estates.  Besides,  you  are  not  a 
number ;  you  want  the  ordinary  clerk  ;  neither  is  the  modera- 
tor of  the  last  Assembly  present,  and  can  do  nothing  orderly." 
After  a  little  debating  they  request  him  to  remove,  till  they 
should  deliberate  among  themselves  what  were  best  for  them 
to  do ;  but  he  was  no  sooner  gone  than  they  did  choose  Mr 
John  Forbes  moderator,  and  that  done,  continued  the  Assem- 
bly to  the  last  Tuesday  of  September,  thinking  by  this  means 
to  preserve  their  liberty. 


A.  D,  1605.]  CHURCH  OF  SCOTLAND.  159 

Lauriston  finding  himself  in  this  sort  abused,  caused  exe- 
cute the  letters,  and  denounced  them  rebels.  And,  lest  they 
should  make  a  new  business  in  September,  complained  to  the 
council  of  the  disobedience  given  to  their  charge.  Order 
was  taken  hereupon  to  summon  them  before  the  council,  and 
a  beginning  made  with  the  two  leaders  of  the  rest,  Mr 
Forbes  and  Mr  Welch  being  charged  to  a  certain  day  of  the 
same  month.  They  appeared,  and  standing  to  the  defence 
of  that  which  they  had  done,  were  committed  to  the  castle  of 
Blackness ;  direction  was  likewise  given  for  citing  the  rest 
to  the  third  of  October. 

At  the  day  all  compeared,  and  being  charged  for  disobey- 
ing his  majesty's  letter,  thirteen  of  the  number  acknowledg- 
ing  their  offence,  and  protesting  that  what  they  did  was  not 
out  of  disobedience,  entreated  the  lords  to  intercede  with  his 
majesty  for  their  pardon.  The  rest  taking  a  contrary  course, 
and  maintaining  their  proceedings,  were  committed  to  several 
prisons.  Their  names  were,  Mr  Charles  Farum,  Mr  John 
Munro,  Mr  James  Irvine,  Mr  William  Forbes,  Mr  Nathaniel 
Inghs,  Mr  Andrew  Duncan,  Mr  James  Greig,  and  Mr  John 
Sharp.  Some  of  these  being  sent  to  Dumbarton,  others  to 
Blackness,  and  some  to  the  castle  of  Doune,  the  others  that 
had  confessed  their  offence  were  dimitted,  and  suffered  to 
return  to  their  charges. 

These  proceedings  of  the  council  were  openly  condemned 
by  divers  preachers ;  and  to  make  them  more  odious,  it  was 
every  where  given  out  that  the  suppressing  of  Assemblies 
and  present  discipline,  with  the  introduction  of  the  rites  of 
England,  were  the  matters  intended  to  be  established ; 
whereupon  the  declaration  following  was  by  his  majesty's 
command  published  : — 

"  Whereas  we  have  ever  since  it  pleased  God  to  establish 
us  in  the  imperial  crown  of  Great  Britain  equally  regarded 
the  good  of  both  kingdoms,  now  happily  united  in  our  royal 
person  in  one  monarchy,  ever  minding  to  maintain  and  con- 
tinue the  good  and  laudable  customs  and  laws  whereby  each 
of  them  hath  been  these  many  ages  so  worthily  governed ; 
nevertheless  some  malicious  spirits,  enemies  to  common  tran- 
quiUity,  have  laboured  to  possess  the  minds  of  our  well- 
affected  subjects  with  an  opinion  that  we  do  presently  injtend 


160  THE  HISTORY  OF  THE  [a.  D.  1605. 

a  change  of  the  authorized  discipline  of  the  Church,  and  by 
a  sudden  and  unseasonable  laying  on  of  the  rites,  ceremonies, 
and  whole  ecclesiastical  order  estabUshed  in  this  part  of  our 
kingdom  of  Britain,  to  overturn  the  former  government 
received  in  these  parts ;  which  none  of  our  good  subjects  we 
trust  will  be  so  credulous  as  to  believe,  knowing  how  careful 
we  have  been  to  maintain  both  religion,  and  justice,  and  to 
reform  the  evils  that  did  in  any  sort  prejudice  the  integrity 
of  either  of  the  two,  whereby  justice  hath  attained  under  our 
government  to  a  greater  perfection  and  splendour  than  in  any 
of  our  predecessors'  times,  and  many  abuses  and  corruptions 
in  the  discipline  of  the  Church  amended,  that  otherwise 
might  have  brought  the  purity  of  religion  into  extreme 
danger,  neither  of  which  was  done  by  our  sovereign  and 
absolute  authority  (although  we  enjoy  the  same  as  freely  as 
any  king  or  monarch  of  the  world) ;  but  as  the  disease  of  the 
civil  body  ever  was  cured  by  the  advice  of  our  three  estates, 
so  were  the  defects  of  the  Church  by  the  help  and  counsel 
of  those  that  had  greatest  interest  therein. 

"  And,  however,  in  rule  of  policy  we  cannot  but  judge  it 
convenient  that  two  estates  so  inseparably  conjoined  should 
be  drawn  to  as  great  conformity  in  all  things  as  the  good  of 
both  may  permit ;  and  that  no  monarchy  either  in  civil  or 
ecclesiastical  policy  hath  yet  attained  to  that  perfection  that 
it  needs  no  reformation,  or  that  infinite  occasions  may  not 
arise  Avhereupon  wise  princes  will  foresee  for  the  benefit  of 
their  estates  just  cause  of  alteration ;  yet  are  we,  and  have 
ever  been,  resolved  not  to  make  any  sudden  and  hasty 
change  in  the  government  of  that  part  of  our  kingdom  either 
civil  or  ecclesiastical,  but  with  grave  advice  and  consent  of 
our  estates,  and  the  wisest  and  best  sort  of  them  whom  it 
most  properly  concerns,  much  less  to  trouble  them  with  an 
unnecessary  alteration  of  indifferent  and  ceremonial  matters, 
but  to  do  it  upon  such  foreseen  advantages  and  prevention  of 
confusion  and  evil  to  come,  as  the  greatest  enemies  of  peace 
and  obedience  to  princes  shall  not  obtrude  any  inconvenient 
to  the  contrary.  And  as  by  God's  holy  assistance  we  have 
drawn  that  part  of  our  kingdom  out  of  infinite  troubles, 
factions,  and  barbarities,  reducing  the  utmost  borders  and 
confines  thereof  to  God's  obedience  and  acknowledging  of 
our  laws ;   (a  condition  never  heard  of  since  this  isle  was 


A.  D.  1605.]  CHURCH  OF  SCOTLAND.  161 

first  inhabited) ;  so  by  the  same  divine  providence  and  our 
fatherly  care  over  tlie  whole  island,  we  intend  to  transmit 
the  same  in  good  order,  happy  quietness,  and  flourishing 
policy,  to  the  posterity  wherewith  God  hath  blessed  us,  and 
after  them  to  the  Avorld's  end.  Likeas  for  the  more  verifi- 
cation of  this  our  honourable  intention,  and  to  stop  the 
mouths  of  those  unquiet  spirits,  raisers  of  that  false  scandal 
of  alteration,  we  have  appointed  a  General  Assembly  to  be 
holden  at  Dundee  the  last  Tuesday  of  July,  whereat  we  ex- 
pect a  reparation  of  these  disorders  in  as  far  as  belongeth  to 
their  censure,  and  to  be  freed  in  time  coming  of  all  such 
calumnies.  Given  at  our  honour  of  Hampton  Court  the 
twenty-sixth  of  September  1605,  and  in  the  third  year  of 
our  reign  of  Great  Britain,  France,  and  Ireland." 

The  copies  of  this  declaration  were  sent  to  the  ministers 
remaining  in  ward,  that  they  might  see  the  vanity  of  these 
rumours,  and  be  induced  to  acknowledge  their  offence ;  but 
they  still  continuing  in  their  obstinacy,  and  showing  no 
tokens  of  peniteucy,  were  again  called  before  the  council  the 
twenty-fourth  of  October,  to  receive  their  censure  for  the 
disobedience  of  his  majesty's  commandments.  At  which 
time,  being  inquired  what  they  had  to  say  for  themselves, 
and  how  they  could  excuse  the  contempt  of  his  majesty's 
directions,  after  some  speeches  tending  to  justify  their 
doings,  they  presented  in  writing  a  deciai^ation  formed  in 
this  sort : — 

"  Please  your  Lordships,  the  approbation  or  disallowance  of 
a  General  Assembly  hath  been,  and  should  be,  a  matter 
spiritual,  and  always  cognosced  and  judged  by  the  Church 
as  judges  competent  within  tliis  realm :  and  seeing  we  are 
called  before  your  lordships  to  hear  and  see  it  found  and 
declared,  that  Ave  have  contemptuously  and  seditiously  con- 
vened and  assembled  ourselves  in  a  General  Assembly  at 
Aberdeen  the  first  Tuesday  of  July  last,  and  the  said 
Assembly  to  be  declared  unlawful,  as  at  more  length  is 
contained  in  the  summons  executed  against  us,  We,  in  con- 
sideration of  the  premises,  and  other  reasons  to  be  given  by 
us,  have  just  cause  to  decline  your  lordships'  judgment  as  no 
way  competent  in  the  cause  above  specified,  and  by  these 
presents  we  simpliciter  decline  the  same,  seeing  we  are  most 
willing  to  submit  ourselves  to  the  trial  of  a  General  Assem- 

VOL.  III.  11 


162  THE  HISTORY  OF  THE  [a.  D.  1605. 

h\y,  that  is  the  only  judge  competent.     Subscribed  with  our 
hands  the  twenty-fourth  of  October  1605." 

The  subscribers  were,  Mr  John  Forbes,  Mr  John  Welch, 
Mr  John  Monro,  Mr  Andrew  Duncan,  Mr  Alexander 
Strachan,  Mr  James  Greig,  Mr  William  Forbes,  Mr 
Nathaniel  Inglis,  Mr  Charles  Farum,  Mr  James  Irvine, 
Mr  John  Sharp,  Mr  Robert  Dury,  Mr  John  Ross,  and  Mr 
Robert  Youngson. 

The  last  of  these  was  one  that  had  acknowledged  his 
offence,  and  craved  pardon,  yet  at  this  diet  compeared  with 
these  others,  professing,  "  That  he  was  troubled  in  conscience 
for  the  confession  he  had  made,  and  that  he  would  now  take 
part  with  the  brethren  who  stood  to  the  defence  of  the  good 
cause,"  as  he  termed  it.  The  council  repelling  the  declinator, 
declared  the  Assembly  to  have  been  unlawful,  and  those  that 
met  in  the  same,  contrary  to  his  majesty's  command,  punish- 
able. But  because  they  had  added  to  their  former  fault  the 
crime  of  treason,  it  was  thought  meet  to  defer  the  censure 
till  the  king  should  be  acquainted  therewith,  and  his  pleasure 
known. 

No  sooner  was  his  majesty  advertised  of  the  declinator, 
than  direction  was  sent  to  the  council  for  proceeding  against 
them  according  to  the  laws :  whereupon  the  six  that  were 
imprisoned  in  Blackness,  they  are  to  say,  Mr  John  Forbes, 
Mr  John  Welch,  Mr  Andrew  Duncan,  Mr  John  Sharp, 
Mr  Robert  Dury,  and  Mr  Alexander  Strachan,  were  upon 
the  tenth  of  January  thereafter  brought  to  the  town  of 
Linlithgow,  and  there  presented  upon  pannel  before  the 
justice,  who  was  assisted  by  a  number  of  noblemen  and 
others  of  the  privy  council. 

The  indictment  made,  which  was  grounded  upon  the 
statute  of  parliament  holden  in  May  1584,  touching  his 
majesty's  royal  power  over  all  estates,  and  the  presumptuous 
fact  committed  by  them  in  declining  the  judgment  of  the 
council,  certain  of  their  brethren  did  supphcate  the  justice 
for  license  to  confer  with  them  apart,  that  they  might  per- 
suade them  to  an  humble  submission  and  acknowledgment  of 
their  offence.  This  obtained,  they  were  most  earnestly 
dealt  with  (as  well  by  their  brethren  as  by  the  advocates 
that  came  to  plead  for  them)  to  rehnquish  their  wilfulness, 
and  not  to  exasperate  the  king  by  standing  to  the  defence  of 


A.  D,  1G05.]  CIIUKCIl  OF  SCOTLAND.  163 

their  declinator ;  but  no  persuasions  could  avail.  So  return- 
ing to  the  bar  they  were  desired  to  answer,  and  show  a 
reason  (if  any  they  had)  why  the  matter  should  not  pass  to 
the  trial  of  a  jury.  The  advocates  that  stayed  with  them 
(for  the  two  principals  refused  to  plead  because  of  their 
obstinacy)  excepting  against  the  indictment,  and  saying,  that 
the  statute  1592,  whereby  it  was  declared,  "  That  the  act 
made  against  declining  of  the  council's  judgment  should  not 
derogate  any  thing  from  the  privileges  which  God  had  given 
to  the  spiritual  office-bearers  in  the  Church,  concerning  heads 
of  religion,  matters  of  heresy,  excommunication,  collation, 
and  deprivation  of  ministers,  or  any  such  essential  censures, 
having  warrant  of  the  word  of  God,"  they  thereupon  inferred 
that  their  meeting  at  the  time  libelled  in  Aberdeen  being  an 
essential  censure  warranted  by  God's  word,  they  might 
lawfully  have  declined  the  council's  judgment  from  taking 
cognition  therein. 

It  was  answered  by  his  majesty's  advocate,  "  That  the 
exception  was  naught,  because  the  keeping  of  an  Assembly 
at  a  certain  time  and  place,  and  the  appointing  of  another 
contrary  to  his  majesty's  direction  and  the  charge  of  the 
council,  was  neither  a  head  of  religion,  nor  matter  of  heresy, 
nor  excommunication,  nor  an  essential  censure ;  and  so  being 
no  ways  comprehended  under  that  limitation,  their  declining 
of  the  council,  whenas  they  were  called  to  answer  for  the 
keeping  of  that  conventicle  in  the  town  of  Aberdeen,  must  of 
necessity  come  under  the  generality  of  the  statute  1584,  and 
bring  them  under  the  punishment  of  treason." 

The  matter  after  some  dispute  being  put  to  trial  of  an 
assize,  all  the  six  were  found  guilty  of  treason,  and  returned 
to  their  several  prisons,  till  his  majesty's  pleasure  concerning 
their  punishment  should  be  certified ;  what  this  was,  in  the 
story  of  the  next  year  shall  be  declared.  Meanwhile  a  pro- 
clamation went  out,  "  discharging  all  the  subjects,  of  what 
rank,  place,  calling,  function,  or  condition  soever,  either  in 
public  or  private,  to  call  in  question  his  majesty's  authority 
royal,  or  the  lawfulness  of  proceeding  against  the  said 
ministers,  or  to  make  any  other  construction  of  the  statute 
concerning  the  declining  of  his  majesty's  and  the  council's 
judgment  than  was  made  in  that  decision  of  the  justice ;  with 
certification  to  those  that  contravened,  that  they  should  be 


164  THE  HISTORY  OF  THE  [a.  D.  1605. 

called  and  severely  punished  as  seditious  persons  and  wilful 
contemners  of  his  majesty's  most  just  and  lawful  govern- 
ment." 

Before  these  stirs  in  the  Church,  a  convention  of  the 
estates  was  kept  the  sixth  of  June  at  Edinburgh,  where  a 
letter  was  presented,  sent  by  bis  majesty  to  the  estates  full 
of  affection.  The  letter  was  to  this  effect:  "That  his 
majesty's  love  being  nothing  diminished  through  his  absence 
towards  that  his  native  and  ancient  kingdom,  he  did  wish 
them  to  contend  in  a  laudable  emulation  who  should  live 
most  virtuously,  and  be  most  obedient  to  the  laws  :  that  the 
nobility  should  give  assistance  to  the  execution  of  justice, 
and  be  in  all  things  a  good  example  to  their  inferiors ;  the 
barons  should  set  themselves  to  procure  the  good  of  the 
kingdom;  and  the  burgesses  apply  their  minds  to  the  in- 
crease of  trade,  especially  the  trade  of  fishing,  which  had 
been  long  neglected,  and  to  the  working  of  cloth,  that  had 
made  their  neighbour  country  so  famous.  To  them  all  he 
recommended  the  rooting  forth  of  barbarity,  the  planting  of 
colonies  in  the  Isles,  and  peopling  the  same  with  civil  and 
industrious  persons ;  assuring  them  that,  they  so  behaving 
themselves,  their  liberty  should  be  as  dear  to  him  as  either 
his  life  or  estate." 

This  was  the  substance  of  the  letter,  which  the  chancellor 
having  resumed,  and  thereunto  added  many  persuasions  for 
the  following  of  those  wholesome  and  profitable  counsels,  the 
estates  did  express  a  great  forwardness  that  way,  and  after 
a  long  deliberation  condescended  upon  divers  good  acts, 
which  if  they  had  been  all  carefully  put  in  practice,  as  they 
were  wisely  devised,  the  kingdom  had  long  before  this  time 
tried  the  benefit  thereof.  Amongst  other  directions,  the 
removing  of  the  barbarous  feuds  was  recommended  to  the 
council,  whereof  they  were  desired  to  make  a  roll,  and  urge 
the  parties  to  reconcile ;  and  if  they  refused,  then  to  assure 
them  to  the  peace,  and  commit  them  to  ward  till  the  same 
was  secured.  And  whereas  the  custom  had  been  to  cause 
parties  assure  one  another,  the  king  did  prohibit  the  same  as 
a  thing  dishonourable,  and  arguing  too  great  presumption  in 
the  subject,  seeing  the  law  should  be  to  every  man  a  suffi- 
cient assurance.  The  council,  reverencing  his  majesty's 
direction,   did  ordaiu  that  course  from   thenceforth   to   be 


A.  D.  1605.]  CHURCH  OF  SCOTLAND.  165 

observed,  and  all  assurances  to  be  taken  for  the  peace  there- 
after, and  not  of  one  party  to  another :  beginning  being 
made  with  the  Lord  IMaxwell  and  the  laird  of  Johnston, 
they  were  moved  to  join  hands  and  I'econcile  in  presence  of 
the  council. 

This  summer  the  enterprise  of  the  Lewis  was  again  set  on 
foot  by  Robert  Lumsdalc  of  Ardrie  and  Sir  George  Hay  of 
Netherliffe,  to  whom  some  of  the  first  undertakers  had 
made  over  their  right.  In  August  they  took  journey  thither, 
and  by  the  assistance  of  Mackey  Mackenzie  and  Donald 
Gorum  forced  the  inhabitants  to  remove  forth  of  the  isle, 
and  give  surety  not  to  return. 

Ardrie  and  his  copartners  thinking  all  made  sure,  and  that 
there  was  no  more  danger,  returned  south  about  Martinmas, 
leaving  some  companies  to  maintain  their  possession  ;  which 
they  made  good  all  that  winter,  though  now  and  then  they 
were  assaulted  by  the  islesmen.  In  the  spring  Ardrie  went 
back,  taking  with  him  fresh  provision,  and  fell  to  build  and 
manure  the  lands.  But  this  continued  not  long ;  for  money 
failing,  the  workmen  went  away,  and  the  companies  diminish- 
ing daily,  the  natives  having  associated  a  number  of  isles- 
men  made  a  new  invasion  about  the  end  of  harvest,  and  by 
continual  incursions  so  outwearied  the  new  possessors,  as 
they  gave  over  the  enterprise,  and  were  contented  for  a 
little  sum  of  money  to  make  away  their  rights  to  the  laird 
of  Mackenzie.  This  turned  to  the  ruin  of  divers  of  the 
undertakers,  who  were  exhausted  in  means  before  they  took 
the  enterprise  in  hand,  and  had  not  the  power  which  was 
required  in  a  business  of  that  importance. 

In  the  end  of  the  year  a  horrible  conspiracy  was  detected 
against  the  king  and  whole  body  of  the  state  of  England. 
The  names  of  the  conspirators  were,  Robert  Catesby, 
Thomas  Percy,  Thomas  Winter,  John  Wright,  and  Guido 
Faux,  Englishmen  all,  and  papists  by  profession.  These 
five  meeting  together,  and  consulting  by  what  mean  they 
might  best  relieve  the  catholic  cause  (so  they  spake),  Thomas 
Percy  proponed  the  kiUing  of  the  king,  and  at  his  own  peril 
made  off'er  to  perform  the  same.  Catesby,  who  had  another 
plot  in  his  head,  answered,  "  That  they  would  not  hazard 
him  so ;  and  that  albeit  it  should  succeed,  the  case  of  the 
catholic  cause  would  be  no  better,  the  prince  and  duke  of 


16G  THE  HISTORY  OF  THE  [a.  D.  1605. 

York  being  left  alive ;  yea,  if  both  these  were  made  away, 
yet  the  councillors,  nobility,  judges,  kuights,  and  a  great 
many  others  addicted  to  religion,  would  be  remaining,  who 
should  be  able  enough  to  restore  the  estate,  and  cross  all 
their  purposes ;  that  therefore  he  had  bethought  himself  of 
a  better  and  more  safe  way,  which  was  at  one  time,  and  with 
one  blow,  to  cut  off  all  their  enemies.  This  (he  said)  was  by 
blowing  up  the  parliament-house  with  gunpowder  at  the 
time  when  the  king  and  estates  were  assembled."  The 
advice  pleased  them  all ;  but  first  it  was  thought  meet  to  ask 
the  opinion  of  their  ghostly  fathers,  and  be  informed  of  the 
lawfulness  of  the  fact ;  as  of  Henry  Garnet,  Oswold  Tesmond 
alias  Grecnwcll,  and  John  Gerard,  Jesuits ;  who  being  con- 
sulted commended  the  enterprise,  assuring  them  they  might 
go  on  with  a  good  conscience  and  perform  the  deed,  seeing 
they  were  heretics,  and  persons  ipso  jure  excommunicated 
against  whom  they  were  set. 

This  resolution  satisfying  their  consciences,  for  their  greater 
security  they  took  an  oath  of  secrecy,  "  swearing  each  to  an- 
other by  the  sacred  Trinity  and  the  blessed  sacrament  they 
were  at  that  time  to  receive,  that  neither  directly  nor  in- 
directly, by  word  or  circumstances,  they  should  discover  the 
purpose  they  had  taken  to  any  whomsoever,  nor  should  they 
desist  from  performing  the  same  without  license  of  their 
associates."  This  oath  was  given  upon  a  primer  in  the  pre- 
sence of  Gerard  the  Jesuit;  and  having  heard  mass  and 
received  the  sacrament,  Thomas  Percy  was  appointed  to 
hire  a  house  nigh  adjoining  to  the  parliament,  for  the  more 
safe  and  secret  working  of  the  mine. 

This  being  obtained,  yet  with  difficulty  enough,  they 
entered  to  work,  and  after  divers  intermissions,  because  of 
proroguing  the  parliament,  when  that  they  had  brought  the 
mine  to  the  midst  of  the  wall,  they  found  the  opportunity  of 
a  cellar  under  the  parliament-house  to  be  let,  and  leaving  the 
mine,  for  that  the  wall  was  hard  to  be  digged  through,  they 
hired  the  cellar,  and  put  in  it  thirty-six  barrels  of  powder,  a 
number  of  billets,  faggots,  and  a  great  quantity  of  coals, 
wherewith  they  covered  the  barrels.  They  had  called  in 
Christopher  Wright,  Robert  Winter,  John  Grant,  and 
Thomas  Bates,  Catesby's  servant,  and  communicated  the 
matter  to  them.     This  last  was  much  troubled  at  first  with 


A.  D.  1605.]  CHURCH  OF  SCOTLAND.  167 

the  cruelty  of  the  plot,  and  had  forsaken  them,  if  he  had  not 
been  couiirraed  and  encouraged  by  Tesmond  the  Jesuit  to 
go  on  with  the  rest.  After  these  Ambrose  Rockwood  and 
Robert  Keyes  were  made  of  the  counsel,  all  taking  the  oath 
of  secrecy,  and  receiving  the  sacrament  upon  the  same.  And 
because  the  charge  in  buying  powder,  billets,  and  hiring  of 
houses  had  been  a  burden  heavy  for  Thomas  Percy,  it  was 
thought  meet  to  bring  in  some  more ;  whereupon  Sir  Everard 
Digby  and  Mr  Francis  Tresham  were  assumed. 

All  things  being  now,  as  they  judged,  made  sure,  they 
began  to  think  what  course  was  fittest  to  take  after  the  deed 
was  performed.  The  first  doubt  they  made  was  touching 
the  prince  and  surprise  of  his  person ;  or  if  he  should  accom- 
pany his  father  to  the  parliament,  how  they  might  seize  upon 
the  duke  of  York  his  brother.  But  this  Percy  undertook 
to  do  by  reason  of  his  acquaintance  in  the  house,  into  which 
he  could  enter  without  suspicion,  and  how  soon  the  blow  was 
given  carry  him  away  by  the  help  of  such  as  he  should  have 
in  a  readiness  to  assist.  Of  the  Lady  EUzabeth  they  made 
small  question,  for  that  she  was  kept  in  the  country  by  the 
Lady  Harrington  near  to  Ashby,  Catesby's  dwelling-house. 

The  next  doubt  they  proponed  was,  where  they  should 
have  money  and  horses :  and  for  this  Digby  made  offer  of 
fifteen  hundred  pounds  English,  Tresham  two  thousand,  and 
Percy  promised  to  bring  all  he  could  gather  of  Northumber- 
land's rents,  which  he  thought  would  extend  to  four  thousand 
pounds,  and  to  provide  ten  horses  for  his  part.  Neither 
doubted  they  but,  having  the  heir-apparent  in  their  hands, 
they  should  find  means  sufl&cient. 

A  third  question  they  made,  what  lords  they  should  save 
from  going  to  the  parliament ;  which  they  agreed  to  be  as 
many  catholics  as  conveniently  they  might. 

Fourthly,  it  was  moved  among  them  what  foreign  princes 
they  should  acquaint  with  the  purpose,  and  whose  aid  they 
should  seek.  Concerning  which  it  was  agreed,  that  none  of 
them  should  be  made  privy  to  the  plot,  seeing  they  could 
not  enjom  seci*ecy  to  princes;  and  for  aid,  after  the  deed 
performed,  there  would  be  time  enough  to  entreat  the  same 
either  of  Spain  or  France,  or  the  country  of  Flanders. 

Lastly,  because  they  saw  no  way  to  assure  the  duke  of 
York  Ms  person,  (for  Percy  his  undertaking  they  held  un- 


168  THE  HISTORY  OF  THE  [a.  D.  1605. 

sure),  they  resolved  to  serve  their  turn  with  the  Lady  Eliza- 
beth, and  to  proclaim  her  queen  ;  to  which  purpose  they  had 
a  proclamation  formed,  wherein  no  mention  was  made  of 
altering  religion,  because  they  had  not  forces  sufficient,  and 
till  they  might  make  good  their  party,  they  would  not  avow 
the  deed  to  bo  theirs,  but  lay  it  so  far  as  they  could  upon 
the  Puritans. 

Now  there  remained  nothing,  all  dangers  being  foreseen, 
and  every  thing  provided,  but  the  last  act  of  the  intended 
tragedy  to  be  performed,  whenas  that  which  was  so  secretly 
hatched  came  to  be  discovered  after  a  wonderful  manner. 
The  Lord  Monteagle,  son  and  heir  to  the  Lord  Morley, 
being  in  his  lodging  at  seven  of  the  clock  at  night,  had  a 
letter  given  him  by  one  of  his  footmen,  who  received  the 
same  upon  the  street  from  a  person  unknown,  with  a  charge 
to  put  it  in  his  master's  hand.  The  tenor  whereof  was  as 
foUoweth : — 

"  My  Lord, 
Out  of  the  love  I  bear  to  some  of  your  friends,  I  have  a  care 
of  your  preservation;  therefore  would  I  advise  you,  as  you 
tender  your  life,  to  devise  some  excuse  to  shift  off  your 
attendance  at  this  parliament ;  for  God  and  man  have  con- 
curred to  punish  the  wickedness  of  this  time.  Think  not 
slightly  of  this  advertisement,  but  retire  yourself  into  your 
country,  where  you  may  expect  the  event  in  safety :  for 
though  there  be  no  appearance  of  any  stir,  yet  I  say  they 
shall  receive  a  terrible  blow  in  this  parliament,  and  shall  not 
see  who  hurteth  them.  This  counsel  is  not  to  be  contemned, 
because  it  may  do  you  good,  and  can  do  you  no  harm  ;  for 
the  danger  is  passed  as  soon  as  you  have  burnt  the  letter ; 
and  I  hope  God  will  give  you  the  grace  to  make  good  use  of 
it,  to  whose  holy  protection  I  commit  you." 

It  was  some  ten  days  only  before  the  parliament  that 
Monteagle  received  this  letter,  and  but  twelve  hours  before 
the  meeting  of  the  estates  that  the  plot  was  found  out. 
Where  it  is  a  sort  of  wonder  to  think  that  so  many  being 
made  privy  to  the  conspiracy,  the  same  should  not  have 
burst  out  one  way  or  other  in  so  long  a  time ;  for  it  was  the 
eleventh  of  December  1604  when  they  began  to  work  at  the 


I 


A.  D.  1605.]  CHURCH  OF  SCOTLAND.  169 

mine,  and  so  the  space  of  a  year  and  more  the  conspiracy 
went  concealed.  Some  advertisements  were  sent  to  the 
king  and  divers  of  his  majesty's  council  from  heyond  sea, 
"  That  the  papists  were  preparing  to  present  a  petition  for 
toleration  of  religion  at  the  meeting  of  the  parliament,  which 
should  he  so  well  backed  as  the  king  would  be  loth  to  refuse 
it."  But  these  advertisements  were  contemned,  and  thought 
to  be  invented  for  putting  the  king  in  fear. 

Yea,  and  the  nobleman,  when  he  received  the  letter,  not 
knowing  what  construction  to  make  thereof,  doubted  much 
that  it  had  been  a  device  to  scare  him  from  attending  the 
parliament.  Not  the  less  out  of  his  care  of  the  king's  pre- 
servation, he  resolved  to  communicate  the  same  with  the  earl 
of  Salisbury,  his  majesty's  principal  secretary,  and  going  the 
same  night  to  Whitehall,  delivered  the  letter  to  him.  The 
secretary  acquainting  the  chamberlain,  admiral,  and  some 
others  of  the  council  therewith,  aud  examining  every  line 
thereof,  resolved  to  show  the  same  to  the  king  at  his  return, 
(for  he  was  then  at  hunting  at  Royston),  and  not  to  search  far- 
ther in  the  matter  till  they  should  hear  what  was  his  judg- 
ment. 

The  king  returning  to  London  the  Thursday  after,  which 
was  Allhallows  evening,  the  letter  was  showed  him  the  next 
day  in  the  afternoon ;  who  having  read  the  same  once  or 
twice,  said,  "  That  it  was  not  to  be  contemned,  and  that  the 
style  seemed  more  quick  and  pithy  than  is  usual  in  libels, 
pasquils,  and  the  like."  The  secretary  perceiving  the  king 
to  apprehend  the  matter  more  deeply  than  he  expected,  told 
him  "  that  the  letter  seemed  to  be  written  by  a  fool  or  mad- 
man; and  pointing  at  the  passage,  'the  danger  is  past  as 
soon  as  you  have  burnt  the  letter,'  said,  that  the  warning 
was  to  Httle  purpose,  if  the  burning  of  the  letter  might  make 
the  danger  eschewed." 

But  the  king  willed  him  to  consider  the  former  sentence, 
wherein  it  was  said  that  "  they  should  receive  a  terrible  blow 
at  the  parliament,  and  not  see  who  did  hurt  them,"  and  when 
he  should  join  that  with  the  other,  he  should  find  it  to  be 
sudden  danger,  as  the  blowing  up  by  powder,  that  was  there- 
by meant.  Therefore  willed  all  the  rooms  in  the  parliament- 
house  to  be  searched,  both  above  and  below,  to  prevent  the 
danger,  if  any  there  was. 


170  THE  HISTORY   OF  THE  [a.  D.   1605. 

This  belonging  to  the  chamberlaiu  his  office,  he  was  desired 
to  make  the  search,  and  for  staying  idle  rumours,  to  delay 
his  going  to  INIonday  in  the  afternoon,  the  day  before  the 
first  session  of  parliament.  At  which  time  the  chamberlain 
taking  with  him  the  Lord  Montcagle,  Avho  was  careful  to  see 
what  the  warning  given  would  prove,  went  and  viewed  all 
the  rooms,  where  he  perceived  in  the  vault  imder  the  upper 
house  great  store  of  fagots,  billets,  and  coal ;  and  asking 
the  keeper  of  the  guardrobe  named  Whinyard,  to  what 
use  he  had  put  those  low  cellars,  (for  they  appertained  to 
him,)  he  answered,  that  Thomas  Percy  had  hired  the  house 
and  cellar,  and  the  billets  and  coal  were  the  gentleman's  pro- 
vision for  Avinter.  The  chamberlain  casting  his  eye  aside, 
and  espying  a  fellow  in  the  corner  of  the  vault,  asked  who 
he  was,  and  received  answer  that  he  was  Percy's  man,  who 
kept  the  house  for  his  master. 

Thus  having  looked  upon  all  things  in  a  careless  manner 
as  it  appeared,  he  returned  to  the  king,  and  made  report  of 
that  he  had  seen,  which  increased  his  majesty's  first  appre- 
hension ;  and  thereupon  was  order  given  for  turning  up  those 
billets  and  coals  even  to  the  bottom.  If  nothing  should  bo 
found,  it  was  devised,  that  Whinyard  should  pretend  the 
stealing  of  some  of  the  king's  stuft'  which  he  had  in  keeping, 
and  that  made  the  colour  pf  the  search.  Sir  Thomas  Knevet, 
gentleman  of  his  majesty's  privy  chamber  and  justice  of 
peace  within  Westminster,  being  appointed  for  this  business, 
went  thither  Avith  some  few  in  company  about  midnight,  and 
finding  a  man  standing  without  doors  in  his  clothes  and  boots, 
caused  him  to  be  apprehended.  This  was  Guido  Faux, 
whose  hand  should  have  fired  the  train,  and  gave  himself 
out  for  Percy's  man.  Thereafter  entering  into  the  house 
he  made  the  coals  and  billots  to  be  turned  up,  under  whicli 
they  found  thirty-six  barrels  of  powder  more  or  less.  Then 
turning  to  the  fellow  they  had  apprehended,  and  questioning 
him  touching  the  powder,  he  did  instantly  confess,  swearing, 
"  That  if  he  had  been  within  the  house  when  they  took  him, 
he  should  have  blown  them  up  with  the.  house  and  all," 

Sir  Thomas  taking  the  man  along  went  immediately  to  the 
palace,  and  showed  the  chamberlain  and  secretary  how  he 
had  sped.  They  making  themselves  ready,  and  warning  the 
councillors  that  lay  Avithin  the  palace,  Avcnt  all  together  to 


A.  D.  1605.]  CHURCH  OF  SCOTLAND.  171 

liis  majesty's  bed-chamber.  The  king  awake,  the  chamber- 
lain, not  able  to  conceal  his  joy,  cried  aloud,  that  the  treason 
was  discovered,  and  the  traitor  in  hands.  Then  command 
was  given  to  call  the  council  to  examine  the  prisoner  touch- 
ing his  partakers.  He,  nothing  dejected  nor  moved  a  whit 
with  so  honourable  a  presence,  did  boldly  avow  the  fact, 
repenting  only  that  he  had  failed  in  the  execution,  and  say- 
ing, "  The  devil  envying  the  success  of  so  good  a  work  had 
discovered  the  same."  All  that  day  nothing  could  be  drawn 
from  him  touching  his  complices,  taking  all  the  blame  upon 
himself,  and  professing  he  had  done  it  for  religion  and  con- 
science' sake.  Speaking  of  the  king,  he  denied  him  to  be  his 
sovereign,  or  anointed  of  God,  in  regard  he  was  a  heretic, 
and  that  it  was  no  sin  to  cut  him  off.  This  was  his  behaviour 
at  first ;  but  being  conveyed  to  the  Tower,  and  the  rack  pre- 
sented, he  laid  open  the  whole  conspiracy,  and  confessed  the 
truth. 

There  were  in  the  city  at  the  time  Catesby,  Percy, 
Thomas  Winter,  Francis  Tresham,  and  the  younger  Wright, 
who  hearing  that  all  was  disclosed  made  away  to  the  country, 
appointing  to  meet  the  next  morning  at  Dunchurch  in  War- 
wickshire, Digby's  lodging.  John  Grant,  with  some  recusants 
that  he  had  associated  to  himself,  had  broke  up  the  same 
night  a  stable  of  Benoch,  a  rider  of  great  horses,  and  carried 
away  seven  or  eight  belonging  to  certain  noblemen  of  the 
country ;  for  he  did  think  the  conspiracy  had  taken  effect, 
and  was  preparing  to  surprise  the  Lady  Elizabeth,  whose 
residence  was  not  far  from  the  place.  But  within  a  few 
houi's  Catesby,  Percy,  and  the  others  that  were  fled  from 
London,  bringing  assurance  that  all  was  failed,  they  resolved 
upon  a  public  rebellion,  and  pretending  the  quarrel  of  reli- 
gion, labom'ed  to  draw  some  companies  together ;  yet  when 
they  had  gathered  all  their  forces,  they  did  not  exceed  four- 
score in  all. 

Sir  Fulk  Grevill,  lieutenant-deputy  of  Warwickshire, 
hearing  of  the  riot  that  Grant  had  committed,  and  appre- 
hending it  to  be  the  beginning  of  a  rebellion,  sent  to  adver- 
tise the  towns  about,  and  warned  them  to  be  on  their  guard. 
The  sheriffs  of  the  county  convening,  the  people  likewise  in 
arms,  pursued  them  from  shire  to  shire.  Sir  Richard  Walsh, 
the  sheriff  of  Worcester,  having  tried  where  they  had  taken 


I 


172  THE  HISTORY  OF  THE  [a.  D.  1605. 

harbonr,  sent  a  trumpet  and  messenger  to  command  them  to 
render  unto  him  in  his  majesty's  name,  promising  to  intercede 
for  their  hves.  But  they,  hearing  their  fault  to  be  unpardon- 
able, returned  answer,  that  he  had  need  of  better  assistants 
than  the  numbers  that  accompanied  him,  before  he  could 
either  command  or  compel  them.  The  sheriff,  provoked  by 
this  arrogant  answer,  prepared  to  assail  the  house  ;  and  they 
making  for  defence,  it  happened  that  a  spark  of  fire  falling 
among  some  powder,  which  they  were  drying,  did  kindle  and 
blow  up  the  same,  wherewith  their  hands,  faces,  and  sides 
were  so  scorched  and  burnt,  as  they  lost  courage,  and 
opening  the  gate  exposed  themselves  to  the  people's  fury. 
Catesby,  Percy,  and  Thomas  Winter,  joining  backs,  and 
resolving  rather  to  die  than  to  be  taken,  the  two  first  were 
killed  with  one  shot,  and  the  other  after  some  wounds  made 
prisoner;  the  two  Wrights  were  killed,  Rockwood,  Grant, 
Digby,  and  Bates  were  taken.  Tresham  had  stayed  at 
London,  and  changing  his  lodging  thought  to  lurk  till  he 
should  find  occasion  to  escape  by  sea,  but  was  in  end  found 
out ;  so  were  Robert  Winter  and  one  Littleton,  and  all  of 
them  committed  to  the  Tower  of  London. 

Being  examined,  Thomas  Winter  ingenuously  confessed 
all,  setting  down  the  particulars  under  his  hand,  and  acknow- 
ledging the  offence  to  be  greater  than  could  be  forgiven. 
Digby  excused  the  crime  by  the  despair  they  were  driven 
unto,  having  hopes  given  them  at  the  king's  first  coming  to 
the  crown,  that  the  catholics  should  have  the  exercise  of 
their  religion  permitted,  which  being  denied  they  had  taken 
those  wicked  courses.  Tresham  in  his  confession  named 
Garnet  the  Jesuit  as  privy  to  the  conspiracy  ;  but  after- 
wards by  his  wife's  instigation  did  deny  it,  affirming  that  he 
had  wronged  him,  and  not  seen  him  once  these  last  sixteen 
years.  Yet  Garnet  being  apprehended  some  months  after, 
confessed  that  they  met  divers  times  within  the  last  half-year. 
Tresham  died  in  the  prison  ;  the  rest  were  put  to  the  trial  of 
a  jury,  and  condemned.  Digby,  Grant,  Robert  Winter,  and 
Thomas  Bates  were  executed  at  the  western  gate  of  St  Paul's 
in  the  end  of  January  ;  Thomas  Winter,  Ambrose  Rockwood, 
Robert  Keyes,  and  Guide  Faux,  who  had  wrought  at  the 
mine,  suffered  in  like  sort  in  the  court  nigh  to  the  parliament- 
house. 


A.  D.  1605.]  CHURCH  OF  SCOTLAND.  173 

This  was  the  end  of  that  conspiracy,  the  like  whereof  in 
no  man's  memory  hath  been  heard.  We  have  heard  of 
kings  treacherously  killed,  of  practices  against  estates  and 
commonwealths ;  but  such  a  monster  of  conspiracies  (as 
Thuanus  calls  it)  no  country  nor  age  did  ever  produce.  The 
king,  queen,  with  their  posterity,  the  nobility,  clergy,  judges, 
barons,  knights,  gentry,  and  in  a  manner  the  whole  kingdom 
to  be  in  one  moment  all  destroyed,  was  a  wickedness  beyond 
all  expression ;  but,  blessed  be  God,  this  monster,  which 
was  long  in  breeding,  in  the  very  birth  was  choked  and 
smothered. 

The  king,  giving  order  for  the  meeting  of  the  parliament 
the  same  day  that  the  conspiracy  was  discovered,  made  a 
long  speech  to  the  estates,  wherein  having  aggravated  the 
danger  by  many  circumstances,  and  greatly  magnified  the 
mercies  of  God  in  the  discovery,  when  ho  came  to  speak  of 
the  trial  and  punishment,  was  observed  to  keep  a  marvellous 
temper  in  his  discourse,  wishing  no  innocent  person  either 
foreign  or  domestic  should  receive  blame  or  harm  thereby. 
"  For,  however,"  said  he,  "  the  blind  superstition  of  their  errors 
in  religion  hath  been  the  only  motive  of  this  desperate 
attempt,  it  must  not  be  thought  that  all  who  profess  the 
Roman  religion  are  guilty  of  the  same ;  for  as  it  is  true  (I 
keep  his  majesty's  own  words)  that  no  other  sect  of  heretics 
(not  excepting  Turk,  Jew,  or  Pagan,  nay  not  those  of  Cali- 
cut that  adore  the  devil)  did  ever  maintain  by  the  grounds 
of  their  religion,  that  it  was  lawful  and  meritorious  to  murder 
princes  or  people  for  the  quarrel  of  rehgion,  yet  it  is  as  true 
on  the  other  side,  that  many  honest  men,  blinded  peradven- 
ture  with  some  opinions  of  popery,  as  if  they  be  not  found  in 
questions  of  real  presence,  the  number  of  the  sacraments,  and 
some  such  school  questions,  do  either  not  know,  or  not 
believe  at  least,  all  the  true  grounds  of  popery,  which  is 
indeed  the  mystery  of  iniquity  :  and  therefore  do  we  justly 
confess  that  many  papists,  especially  our  forefathers,  laying 
their  only  trust  upon  Christ  and  his  merits,  may  be  saved ; 
detesting  in  that  point,  and  thinking  the  cruelty  of  the  Puritans 
worthy  of  fire,  that  will  admit  no  salvation  to  any  papists." 
And  so  concluding  that  part  of  his  discourse,  said,  "  As  upon 
the  one  part  many  honest  men,  seduced  with  some  errors  of 
popery,  may  yet  remain  good  and  faithful  subjects ;  so  upon 


174  THE  HISTORY  OF  THE  [a.  D.  1606. 

the  other  part,  none  of  those  that  truly  know  and  bcheve  the 
whole  grounds  of  poper j,  can  prove  either  good  Christians  or 
faithful  subjects."  The  speech  is  to  be  seen  amongst  his 
majesty's  works,  and  is  worthy  the  reading,  for  the  wise 
directions  given  in  that  business. 

The  news  of  this  conspiracy  were  speedily  advertised  to 
the  council  of  Scotland,  and  a  command  given  for  a  public 
thanksgiving  in  all  the  churches  for  his  majesty's  deliverance ; 
but  the  cause  was  left  to  every  man's  conjecture,  albeit  the 
advertisement  did  bear  expressly,  that  tlio  contrivers  were 
papists,  and  their  only  quarrel  religion.  This  being  told  to 
the  king,  and  that  one  of  the  privy-councillors  had  said, 
"that  the  conspiracy  proceeded  of  a  mere  discontent  the 
people  had  conceived  at  his  majesty's  government,"  he  was 
mightily  oiFended,  and  from  that  time  forth  held  his  affection 
to  his  service  continually  suspected. 

Information  was  made  at  the  same  time,  that  some  of  the 
ministers  imprisoned ,  at  Blackness  did  blame  the  chancellor 
for  their  meeting  at  Aberdeen,  offering  "that  they  had 
warrant  from  him  to  meet,  and  his  promise  that  they  should 
incur  no  danger  for  the  same."  The  king,  to  understand 
the  truth  thereof,  directed  his  servant  Sir  William  Irvine  to 
inquire  of  the  imprisoned  ministers  what  dealing  they  had 
with  the  chancellor  in  that  business.  Their  answer  was, 
"  That  a  little  before  their  meeting  at  Aberdeen,  Mr  John 
Forbes  and  Mr  John  Welch  had  sought  his  advice  touching 
their  convening  ;  and  that  he  asking  them  what  they  intended 
to  do,  they  had  answered,  that  fearing  the  establishment  of 
bishops,  they  were  to  do  their  best  for  withstanding  the 
same ;  and  that  he  to  encourage  them  did  promise  all  the 
assistance  he  could  give  that  way,  which  they  took  to  be  an 
allowance  of  their  meeting."  A  letter  hereupon  was  directed 
to  certain  of  the  council  to  call  the  ministers,  and  if  they 
stood  to  their  saying,  to  hear  what  the  chancellor  would 
answer.  They  maintaining  that  which  they  had  said,  and 
the  chancellor  called  to  his  answer,  affirmed  that  he  was  en- 
treated by  them  to  oppose  the  restitution  of  bishops'  tempo- 
ralities, which  then  was  in  working,  promising  that  he  should 
not  be  questioned  for  his  religion,  which  they  understood  to 
be  popish.  This  denied  by  the  ministers,  they  fell  in  a 
sharp  contest ;  which  continued  some  space  with  words  not 


A.  I>.   1606.]  CHURCH  OF  SCOTLAND.  175 

very  seemly  on  cither  part.  The  ministers,  for  clearing  his 
approbation  of  their  Assembly,  did  farther  allege  that  he  had 
uttered  so  much  to  Mr  Walter  Balcanquel  and  Mr  James 
Balfour,  ministers  at  Edinburgh  ;  who  being  examined  touch- 
ing their  knowledge,  Mr  Walter  Balcanquel  did  affirm, 
"  that  the  chancellor  in  private  to  himself  had  commended 
them  for  maintaining  the  liberty  of  the  Church,  which  was 
not  a  little  prejudiced,  as  he  said,  by  the  continuation  of 
Assemblies  from  year  to  year."  The  same  he  was  said  to 
have  spoken  to  Mr  James  Balfour ;  but  he  excused  Jiimself 
by  forgetfulness,  saying  he  did  not  remember  any  such 
speeches.  This  report  made  to  the  king,  he  said,  "  That 
none  of  the  two  deserved  credit ;  and  that  he  saw  the  minis- 
ters would  betray  religion  rather  than  submit  themselves  to 
government ;  and  that  the  chancellor  would  betray  the  king 
for  the  malice  he  carried  to  the  bishops." 

By  this  contest  always  the  chancellor  was  made  more 
tractable  in  the  restitution  of  the  bishops'  temporalities,  which 
he  had  strongly  resisted  unto  that  time ;  and  in  the  parlia- 
ment kept  at  Perth  in  the  beginning  of  July  showed  a  great 
desire  to  promove  the  same.  This  parliament  had  been 
indicted  to  keep  at  Edinburgli  in  June  preceding,  and  the 
earl  of  Dunbar  employed  to  see  all  matters  carried  therein 
to  his  majesty's  mind.  The  chancellor  (whether  out  of  emu- 
lation to  show  his  greatness,  or  that  he  feared  some  affront 
by  the  earl  of  Dunbar)  went  on  the  streets  accompanied  with 
the  burgesses  in  great  numbers,  who,  otherwise  than  was 
their  custom,  did  walk  with  their  swords.  Dunbar  taking 
this  in  ill  part,  yet  dissembling  his  offence,  caused  adjourn 
the  parliament  to  the  first  of  July,  and  therewith  presented 
a  warrant  for  removing  the  same  to  the  town  of  Perth, 
Avhich,  coming  unlocked  for,  made  the  burgesses  forthink 
their  doing. 

At  Perth,  the  very  first  day  it  happened  the  Lord  Seaton 
and  Alexander  his  brother  to  encounter  the  earl  of  Glen- 
carne,  in  the  Bridgegate,  where,  drawing  their  weapons 
against  each  other,  a  great  tumult  was  raised,  which  con- 
tinued a  certain  space,  and  disturbed  the  council  that  as  then 
was  sitting.  The  Lord  Seaton  being  tried  to  have  invaded 
the  other,  which  he  did  for  revenge  of  his  uncle's  slaughter, 
he  was  cited  before  the  council  for  troubling  the  parliament ; 


176  THE  HISTORY  OF  THE  [a.  D.  1606. 

but  leaving  the  town  lie  went  home,  and  for  his  not  appear- 
ing was  denounced  rebel.  It  was  held  an  ominous  beginning, 
and  gave  many  to  think  that  matters  would  not  succeed 
well ;  but  the  earl  of  Dunbar  did  so  wisely  and  with  so  great 
care  prevent  every  thing  that  was  like  to  breed  trouble,  as 
all  things  were  carried  from  that  time  forth  in  a  most  peace- 
able sort. 

There  were  attending  in  the  town  a  number  of  ministers, 
labouring  all  they  could  secretly  to  make  some  perturbation. 
The  earl  calling  them  to  his  lodging  did  rebuke  them  sharply, 
saying,  "  That  it  seemed  strange  to  him,  that  they  who  had 
so  often  petitioned  to  have  the  act  of  annexation  dissolved, 
should  go  about  to  hinder  the  same,  now  when  the  king  was 
to  do  it  in  part,  specially  considering  there  was  nothing  to 
be  moved  in  prejudice  of  their  discipline.  And  that  for  re- 
moving the  differences  that  were  amongst  them  in  that  point, 
his  majesty  had  resolved,  as  they  knew  by  the  letters  some 
of  them  had  received,  to  call  the  most  learned  and  discreet 
of  both  sides  before  himself,  and  have  matters  composed  so 
far  as  might  be  to  their  content.  More  fitting,  he  said,  it 
were  for  you,  to  whom  his  majesty  hath  addressed  his  letters, 
to  have  been  preparing  yourselves  for  the  journey.  And  I 
should  advise  you,  for  your  own  good  and  the  peace  of  the 
Church,  not  to  irritate  the  king  any  more,  but  rather  study 
by  your  peaceable  behaviour  to  procure  favour  to  your 
brethren  that  are  in  trouble."  With  these  speeches  he  did 
quiet  them,  and  so  the  parliament  went  on,  and  after  some 
few  days  ended  in  great  peace. 

In  this  parhament  divers  good  constitutions  were  made. 
But  the  two  principal  were  the  acts  of  his  majesty's  prero- 
gative, and  the  act  intituled,  "  The  restitution  of  the  estate 
of  bishops ;  "  which  title  giveth  many  to  mistake  the  truth  of 
things,  and  think  that  before  this  time  the  estate  of  bishops 
was  overthrown  and  cast  down,  whereas  the  same  was  never 
so  much  as  intended.  Only  by  this  act  the  temporalities  of 
bishoprics,  which  by  the  act  of  annexation  were  made  to 
belong  to  the  crown,  were  restored,  in  regard  it  was  seen  that 
the  bishops  were  disabled  to  attend  their  service  in  the  church 
and  state  by  the  want  thereof. 

Soon  after  the  parliament  dissolved,  such  of  the  clergy  as 
his  majesty  had  called  to  court  went  thither.     Of  the  one 


A.  D.  1606.]  CHURCH  OF  SCOTLAND.  177 

side  were  the  archbishops  of  St  Andrews  and  Glasgow,  the 
bishops  of  Orkney,  Galloway,  and  Mr  James  Nicholson  who 
was  destinated  bishop  of  Dunkcld  ;  on  the  other  part  were 
Mr  Andrew  Melvill,  Mr  Jaraes  Melvill,  Mr  James  Bal- 
four, Mr  William  Watson,  Mr  William  Scot,  Mr  John 
Carmichael,  and  Mr  Adam  Colt.  All  these  arriving  at 
London  about  the  beginning  of  September,  had  warning 
given  them  to  attend  the  twentieth  of  that  month  at  Hamp- 
ton Court. 

The  king  had  appointed  some  of  the  bishops  of  England 
to  attend  during  that  conference,  and  preach  by  course  upon 
the  subjects  prescribed  to  them.  Doctor  Barlow,  bishop  of 
Ely,  began,  taking  for  his  text  the  28th  verse  of  the  twentieth 
chapter  of  the  Acts,  whereby  he  took  occasion  to  prove  out 
of  the  Scriptures  and  fathers  the  superiority  of  bishops  above 
presbyters,  and  to  show  the  inconveniences  of  parity  in  the 
Church,  with  the  confusion  arisiug  from  the  same.  Dr 
Buckridge,  bishop  of  Rochester,  took  for  his  text  the  precept 
of  the  apostle,  omnis  anima,  &c,  Rom.  xiii.  1,  where  falling 
to  speak  of  the  king's  supremacy  iu  causes  ecclesiastical,  he 
did  handle  that  point  both  soundly  and  learnedly,  to  the 
satisfaction  of  all  the  hearers ;  only  it  grieved  the  Scotch 
minister  to  hear  the  pope  and  presbytery  so  often  equalled 
in  their  opposition  to  sovereign  princes.  Dr  Andrews, 
bishop  of  Chichester,  followed,  who  choosed  for  his  text  the 
first  verses  of  the  tenth  chapter  of  Numbers,  confirming 
thereby  the  power  of  kings  in  convocating  synods  and  coun- 
cils. The  fourth  was  Dr  King,  bishop  of  London :  he  took 
for  his  theme  the  11th  verse  of  the  eighth  chapter  of  the  Can- 
ticles, and  thereupon  discoursing  of  the  office  of  presbyters, 
did  prove  "  lay-elders  to  have  no  place  nor  office  in  the 
Church,  and  the  late  device  to  be  without  all  warrant  of 
precept  or  example,  either  in  Scripture  or  in  antiquity."  This 
course  his  majesty  took,  as  conceiving  that  some  of  the  min- 
isters should  be  moved  by  force  of  reason  to  quit  ■  their 
opinions,  and  give ,  place  to  the  truth :  but  that  seldom 
happeneth,  especially  where  the  mind  is  prepossessed  with 
prejudice  either  against  person  or  matter. 

The  first  audience  was  in  the  privy-chamber  at  Hampton, 
the  twenty-second  of  September;  at  which,  besides  the 
bishops  and  ministers  from  Scotland,  were  present  the  earls 

VOL.  HI.  12 


178  THE  HISTORY  OF  THE  [a.  D.  1606. 

of  Dunbar,  Argyle,  Glencarnc,  Sir  Thomas  Hamilton,  advo- 
cate, and  Sir  Alexander  Straiten  of  Lauriston :  of  the  Eng- 
lish, Dr  Montague,  dean  of  the  chapel,  was  only  admitted  to 
stay.  There  the  king,  declaring  the  purpose  for  which  he 
had  called  them,  spake  a  few  words  to  this  effect :  "  That 
having  left  the  Church  of  Scotland  in  peace  at  his  parting 
forth  of  it,  he  did  now  hear  of  great  disturbances  in  the  same  ; 
whereof  he  desired  to  understand  the  true  cause,  and  to  have 
their  advice  how  the  same  might  best  be  removed.  This  being," 
said  he,  "the  errand  in  general  for  which  I  have  called  you, 
I  should  be  glad  to  hear  your  opinions  touching  that  meeting 
at  Aberdeen,  where  an  handful  of  ministers,  in  contempt  of 
my  authority,  and  against  the  discharge  given  them,  did 
assemble ;  and  though  they  were  neither  a  sufficient  number, 
nor  the  accustomed  order  kept,  they  would  take  upon  them 
to  call  it  a  General  Assembly,  and  have  since  proudly  main- 
tained it,  by  declining  my  council,  and  such  other  means  as 
they  pleased  to  use.  The  rather  I  would  hear  your  minds, 
because,  I  am  informed  that  divers  ministers  do  justify  that 
meeting,  and  in  their  public  preachings  commend  these 
brethren  as  persons  distressed,  which  in  effect  is  to  proclaim 
me  a  tyrant  and  persecutor." 

Mr  James  Melvill  answering  ^rst,  said,  "That  there  was 
no  such  discharge  given  to  those  ministers  that  met  at  Aber- 
deen as  was  alleged,  adjuring  Sir  Alexander  Straiton,  who 
was  said  to  have  given  this  charge,  to  declare  in  his  majesty's 
presence  how  that  matter  was  carried.  As  to  the  absence  of 
moderator  and  clerk,  he  said  that  none  of  those  were  es- 
sential parts  of  an  Assembly ;  and  that  the  moderator 
absenting  liimself  of  purpose,  and  the  clerk  refusing  to  serve, 
the  brethren  convened  might  lawfully  create  others  in  their 
places;  so  as  these  ministers  having  warrant  to  convene 
from  the  word  of  God,  and  from  his  majesty's  laws,  as  also 
coming  thither  by  direction  of  their  presbyteries,  he  could 
not  in  his  conscience  condemn  them." 

"  Well  then,"  said  the  king,  "  I  shall  desire  you  to  answer 
me  three  things  that  I  will  ask.  First,  If  it  be  lawful  to 
pray  publicly  for  persons  convicted  by  the  sentence  of  a 
lawful  judge  as  persons  being  in  distress  and  afflicted.  2d, 
Whether  I  may  nut,  being  a  Christian  king,  by  my  authority 
royal,  convocate,  and  prorogue,  and  desert,  for  just  and  neces- 


A.  D.  1606.]  CHURCH  of  Scotland.  179 

sary  causes  known  to  myself,  any  assemblies  or  meetings  within 
my  dominions,  od,  Whether  or  not  may  I,  by  my  authority, 
call  and  convene  before  me  and  my  council  whatsoever  per- 
son or  j>crsons,  civil  or  ecclesiastical,  for  whatsoever  offences 
committed  by  them  in  whatsoever  place  within  my  dominions; 
and  if  I  may  not  take  cognition  of  the  offence,  and  give  sen- 
tence therein.  And  farther,  Whether  or  not  are  all  my 
subjects,  being  cited  to  answer  before  me  and  my  council, 
obliged  to  compear,  and  acknowledge  me  or  them  for  judges 
in  these  offences  ? " 

Mr  James  answering,  said,  "  that  the  questions  were 
weighty,  and  craved  a  great  deliberation;  wherefore  he 
would  humbly  entreat  his  majesty  to  grant  them  a  time  to 
confer  and  advise  together,  that  they  might  all  give  one 
du'ect  answer."  This  desire  granted,  they  were  commanded 
to  advise  and  meet  together  that  night,  and  be  ready  to  answer 
the  next  day.  At  this  meeting  the  earls  of  Salisbury  and  Nor- 
thampton, with  divers  of  the  English  clergy,  were  present. 
The  ministers,  desiring  to  have  the  meeting  more  private 
requested  the  earl  of  Dunbar  to  move  the  king  therein,  and 
that  none  but  Scotchmen  should  be  present ;  fearing  (as  they 
said)  "  that  some  unseemly  words  might  escape  them."  But 
this  was  denied,  and  they  warned  to  speak  Avith  that  respect 
which  became  subjects.  It  was  believed  that  the  king  should 
have  begun  with  the  questions  proponed  in  the  former  meet- 
ing ;  but  his  majesty,  taking  another  course,  required  them 
to  declare  one  by  one  their  judgments  touching  Aberdeen 
Assembly.  The  bishops  (being  first  asked)  did  all  condemn 
the  meeting  as  turbulent,  factious,  and  unlawful. 

Mr  Andrew  Melvill  then  being  inquired  made  answer, 
"  That  he  could  not  condemn  the  Assembly,  being  a  private 
man ;  that  he  came  into  England  upon  his  majesty's  letter, 
without  any  commission  from  the  Church  of  Scotland ;  and 
though  he  had  commission,  indicia  causa,  and  not  hearing 
what  they  could  say  for  themselves,  he  would  not  give  his 
judgment.  Sentence,  he  said,  was  given  against  them  in  a 
justice-court;  how  justly,  he  did  remit  that  to  the  great 
Judge ;  but  for  himself  he  would  say  as  our  Saviour  did  in 
another  case,  Qids  me  constituit  judicem  ?  " 

Mr  James  Balfour  being  next  asked,  "  did  pray  his 
majesty  not  to  press  him  with  any  answer,  for  that  he  knew 


180  THE  HISTORY  OF  THE  [a.  D.  1606. 

nothing  would  be  well  taken  that  proceeded  from  his  mouth, 
and  that  Mr  Andrew  had  answered  to  his  mind  sufficiently." 

Mr  James  Mclvill,  without  giving  a  direct  answer,  began 
to  tell,  "  that  since  his  coming  to  London  he  had  received 
divers  letters,  and  with  them  a  petition  that  should  have 
been  presented  to  the  late  parliament  in  behalf  of  the  warded 
ministers,  which  he  was  desired  to  offer  unto  his  majesty, 
and,  as  he  thought,  the  petition  would  make  all  their  minds 
known." 

The  king  taking  the  petition  and  falling  to  read  the 
same,  willed  the  advocate  to  go  on  and  receive  the  answer 
of  the  rest.  And  as  the  advocate  was  questioning  Mr 
William  Scot,  and  urging  him  with  a  distinct  answer,  (for 
he  used  many  circumlocutions,  according  to  his  custom,)  Mr 
Andrew  Melvill  in  a  great  passion  said,  "  that  he  followed 
the  instructions  of  Mr  John  Hamilton  his  uncle,  who  had 
poisoned  the  north  with  his  papistry,  and  that  he  was  now 
become  xarriyo^og  rZv  dbsX(pojv,  Northampton  asking  what  he 
meant  by  that  speech;  the  king  said,  "he  calleth  him  the 
mickle  devil :  "  and  then,  folding  up  the  petition,  said,  "  I  see 
you  are  all  set  for  maintaining  that  base  conventicle  of 
Aberdeen.  But  what  answers  have  you  to  give  to  the 
questions  I  moved  ? "  It  was  answered,  that  "  they  had 
conferred  together,  and  finding  them  to  concern  the  whole 
Church,  they  would  not  by  their  particular  voices  prejudge 
the  same,"  But  you  will  not,  I  trust,  said  the  king,  "  call 
my  authority  in  question,  and  subject  the  determination  of 
the  same  to  your  Assemblies  ? "  "  This  they  said  was  far 
from  their  thoughts ;  but  if  his  majesty  should  be  pleased  to 
set  down  in  writing  what  he  required,  they  should  labour  to 
give  him  satisfaction," 

Thus  were  they  dismissed  for  that  time,  and  being  the 
next  day  called  before  the  Scottish  council,  (for  after  this 
they  were  no  more  admitted  to  his  majesty's  presence,)  they 
were  inquired  whether  they  had  in  their  public  prayers 
remembered  the  warded  ministers  as  persons  afflicted,  and 
sufferers  for  the  o-ood  cause.  Some  of  them  confessed  that 
they  had  prayed  for  them  as  persons  in  trouble  and  distress ; 
others,  that  they  had  commended  them  to  God,  but  remem- 
bered not  in  what  words. 

The  twentieth  of  October  they  were  again  brought  before 


A.  D.  1606.]  CHURCH  OF  SCOTLAND.  181 

the  Scotch  council,  and  had  the  three  questions  delivered  to 
them  in  writing,  which  they  were  commanded  to  answer 
severally :  meanwhile  they  were  discharged  to  return  into 
Scotland  without  his  majesty's  license,  and  prohibited  to 
come  towards  the  queen  and  prince's  court.  The  bishops 
and  others  of  the  clergy  that  assisted  them  were  permitted 
to  return. 

The  conference  breaking  up  in  this  sort,  and  matters  made 
worse  rather  than  better,  his  majesty's  pleasure  concerning 
the  warded  ministers,  which  to  this  time  had  been  delayed, 
was  signified  by  two  several  letters  to  the  council  and  justice. 
The  letter  to  the  justice  Avas  as  followeth  :  '*  Whereas  in  our 
justice-court  liolden  at  Linlithgow  the  tenth  of  January  last, 
Mr  John  Forbes,  minister  of  Alford,  Mr  John  Welch,  min- 
ister at  Ayr,  Mr  Robert  Dury,  minister  at  Anstruther,  Mr 
Andrew  Duncan,  minister  at  Crail,  Mr  Alexander  Strachan, 
minister  at  Creich,  and  Mr  John  Sharp,  minister  at  Kilmeny, 
were  convicted  of  the  crime  of  treason,  for  their  contemptu- 
ous and  treasonable  declining  the  judgment  of  us  and  the 
lords  our  secret  council,  by  a  declinator  subscribed  with  their 
hands  and  presented  in  judgment  before  the  said  lords ;  and 
that  the  pronunciation  of  the  doom  was  upon  grave  and 
weighty  respects  continued  till  our  pleasure  was  declared : 
we  now,  considering  the  great  insolency  committed  by  them, 
and  how  dangerous  the  example  of  such  a  fact  may  prove  if 
it  should  go  unpunished,  specially  since  we,  out  of  our  accus- 
tomed lenity,  have  given  to  these  declared  traitors  more 
than  sufficient  time  to  have  acknowledged  their  offence,  and 
made  suit  for  our  pardon,  and  that  yet  nothing  hath  appeared 
in  them  but  an  obdured  obstinacy,  without  any  token  of 
resipiscence ;  albeit  the  greatness  of  the  offence  in  men  of 
their  function,  whose  actions  should  be  patterns  of  duty  and 
obedience  to  others,  hath  demerited  most  justly  the  extremity 
of  punishment  appointed  by  law,  yet,  according  to  our  wonted 
clemency,  being  willhig  to  dispense  with  the  rigour  of  law  at 
this  time,  and  not  to  inflict  the  punishment  of  death  upon 
them,  our  will  and  pleasure  is,  that  you  affix  a  justice-court 
at  Linhtbgow,  or  any  other  place  our  council  shall  appoint, 
the  twenty-third  of  October,  and  there  cause  doom  of  banish- 
ment forth  of  our  dominions  during  their  natural  lives  to  be 
pronounced  against  the  said  traitors :  after  which  you  shall 


182  THE  HISTORY  OF  THE  [a.  D.  1606. 

return  tliem  to  their  wards,  there  to  remain  for  the  space  of 
a  month,  till  they  have  made  their  preparations  to  depart ; 
before  the  expiring  whereof,  if  they  do  not  depart,  wind  and 
weather  serving,  or  being  departed  shall  return  unto  our 
dominions  without  our  license,  the  ordinary  death  usually 
inflicted  upon  traitors  shall  be  executed  upon  them.  And 
because  this  our  clemency  extended  towards  these  above 
named  may  perhaps  move  others  to  think,. that  for  trespasses 
of  this  quality  no  greater  rigour  will  hereafter  be  used ;  to 
remove  all  such  conceits,  and  that  notice  may  bo  talcen  of 
our  full  determination  in  the  like  case,  you  shall  in  open 
coiu't  make  intimation  to  all  our  lieges,  '  that  if  any  hereafter 
shall  offend  in  such  an  high  trespass,  they  shall  be  punished 
with  all  severity,  and  the  death  due  unto  traitors  be  inflicted 
upon  them  with  all  rigour,  the  example  of  this  our  present 
lenity  notwithstanding  ; '  and  this  it  is  our  will  you  cause  to 
be  recorded  in  your  books  of  adjournal,  and  publication  made 
thereof  at  the  market-cross  of  Edinburgh,  and  all  other 
places  needful." 

By  the  letter  directed  to  the  council,  Mr  Charles  Farum 
was  ordained  to  be  confined  in  the  Isle  of  Bute,  jNIr  John 
Munro  in  Kintyre,  Mr  Robert  Youngson  in  the  Isle  of 
Arran,  Mr  James  Irvine  in  Orkney,  Mr  William  Forbes 
in  Zetland,  Mr  James  Greig  in  Caithness,  Mr  Nathaniel 
Inglis  in  Sutherland,  and  Mr  John  Ross  in  Lewis. 

The  justice,  as  he  was  commanded,  did  keep  his  court  at 
Linlithgow,  and  pronounced  the  sentence  and  doom  in  the 
manner  prescribed.  Messengers  were  also  directed  to  charge 
the  other  ministers  to  enter  into  the  parts  appointed  for  their 
confining,  and  not  to  exceed  the  same  without  license,  under 
pain  of  death.  After  which  a  proclamation  was  made  inhibit- 
ino"  all  ministers  to  recommend  either  in  their  sermons  or 
prayers  the  persons  so  sentenced. 

And  lest  the  Jesuits,  seminary  priests,  and  others  of  their 
faction,  should  presume  of  any  qvcrsight  to  be  given  to  them 
because  of  these  proceedings  against  the  seditious  ministers, 
they  were  in  like  sort  commanded  by  proclamation  to  depart 
forth  of  the  realm,  and  all  the  subjects  inhibited  to  reset  or 
entertain  them,  under  the  pain  of  his  majesty's  displeasure. 

Mr  Andrew  Melvill,  that  could  not  be  idle,  and  was  stiU 
speaking  against  the  orders  of  the  English  church,  having 


A.  D.  1606.]  CHURCH  OF  SCOTLAND.  183 

dispersed  some  bitter  and  scornful  verses  against  the  rites 
used  in  his  majesty's  chapel,  which  were  brought  to  the  king 
by  one  of  the  chaplains,  was  called  before  the  council  of 
England,  and  charged  with  the  injuring  of  the  state  and 
church :  where,  instead  of  acknowledging  his  offence,  he 
behaved  himself  insolently,  and  more  hke  a  madman  than 
divine,  for  which  he  was  committed  in  the  Tower  of  London. 
There  he  remained  three  years  and  more,  and  afterwards, 
upon  the  duke  of  Bulleine  his  request,  was  sent  to  Sedan, 
where  he  lived  in  no  great  respect,  and  contracting  the  gout 
lay  almost  bedfast  to  his  death. 

AVhilst  I  am  writing  this,  there  cometh  to  my  mind  the 
hard  and  uncharitable  dealing  that  he  and  his  faction  used 
towards  Patrick,  some  time  archbishop  of  St  Andrews,  who 
not  content  to  have  persecuted  that  worthy  man  in  his  life, 
made  him  a  long  time  after  his  death  the  subject  of  their 
sermons,  interpreting  the  miseries  whereunto  he  was  brought 
to  be  the  judgment  of  God  inflicted  upon  him  for  withstand- 
ing their  courses  of  discipline.  If  now  one  should  take  the 
like  liberty,  and  say,  that  God,  to  whom  the  bishop  at  his 
dying  did  commend  his  cause,  had  taken  a  revenge  of  him 
who  was  the  chief  instrument  of  his  trouble,  it  might  be  as 
probably  spoken,  and  with  some  more  likelihood,  than  that 
which  they  blasted  forth  against  the  dead  bishop.  But  away 
with  such  rash  and  bold  conceits ;  the  love  of  God  either  to 
causes  or  persons  is  not  to  be  measured  by  these  external 
and  outward  accidents. 

But  leaving  this,  the  king  being  very  desirous  to  have  the 
Church  quieted,  and  a  solid  and  constant  order  established 
for  preventing  the  like  offences,  did  call  a  General  Assembly 
to  meet  at  Linhthgow  the  tenth  of  December ;  and,  for  the 
better  ordering  of  business,  directed  the  earl  of  Dunbar  to 
attend  the  meeting.  At  the  day  many  convened,  both  mini- 
sters and  others.  Of  ministers  there  were  reckoned  one 
hundred  thirty-six  ;  of  noblemen,  barons,  and  others,  thirty 
and  three.  Mr  James  Nicholson  elected  to  preside,  the  earl 
of  Dunbar  presented  a  letter  from  his  majesty  to  this  effect : 
"  That  it  was  not  unknown  what  pains  he  had  taken,  whilst 
he  lived  amongst  them,  as  well  to  root  out  popery  as  to  settle 
a  good  and  perfect  order  in  the  Church ;  and  that  notwith- 
standing of  his  care  bestowed  that  way,  he  had  been  con- 


184  THE  HISTORY  OF  THE  [a.  D.  1G06. 

tinually  vexed  by  the  jealousies  of  some  perverse  ministers, 
who,  traducing  his  best  actions,  gave  out  amongst  the  people, 
that  all  he  went  about  was  to  thrall  the  hbcrty  of  the  gospel. 
Neither  content  thus  to  have  wronged  him,  they  had  in  his 
absence  factiously  banded  themselves  against  such  of  their 
brethren  as  had  given  their  concurrence  to  the  furtherance 
of  his  majesty's  just  intentions  :  upon  the  knowledge  whereof 
he  did  lately  call  the  most  calm  and  moderate,  as  he  esteemed, 
of  both  sides  unto  his  court,  thinking  to  have  pacified  matters, 
and  removed  the  divisions  arisen  in  the  Church  ;  but  matters 
not  succeeding  as  he  wished,  he  had  taken  purpose  to  con- 
vene them,  for  setting  down  such  rules  as  he  hoped  should 
prevent  the  like  troubles  in  after-times,  which  he  had  in- 
trusted to  his  commissioner  the  earl  of  Dunbar ;  wiUing  them 
to  consider  what  Avas  most  fitting  for  the  peace  of  the  Church, 
and  to  apply  themselves  to  the  obedience  of  his  directions,  as 
they  did  expect  his  favour." 

After  the  reading  of  the  letter  the  overture  was  presented, 
conceived  in  this  form :  "  Tliat  his  majesty,  apprehending 
.the  greatest  cause  of  the  misgovernment  of  Church  aff'airs  to 
be  that  the  same  are  often,  and  almost  ordinarily,  committed 
to  such  as  for  lack  of  wisdom  and  experience  are  no  way  able 
to  keep  things  in  a  good  frame ;  for  remedying  this  incon- 
venient, tlunketh  meet  that  presently  there  be  nominated  in 
every  presbytery  one  of  the  most  grave,  godly,  and  of 
greatest  authority  and  experience,  to  have  the  care  of  the 
presbytery  where  he  remaineth,  till  the  present  jars  and 
fire  of  dissension  which  is  among  the  ministry,  and  daily 
increaseth,  to  the  hinderancc  of  the  gospel,  be  quenched  and 
taken  away ;  and  the  noblemen  professing  papistry  within 
the  kingdom  be  either  reduced  to  the  profession  of  the  truth, 
or  then  repressed  by  justice  and  a  due  execution  of  the  laws ; 
and  for  encouragement  of  the  said  moderators,  and  the  en- 
abling them  to  the  attendance  of  the  Church  affairs,  his 
majesty  is  graciously  pleased  to  allow  every  one  of  them  one 
hundred  pounds  Scots,  or  two  hundred  marks,  according  to 
the  quality  of  their  charge ;  but  where  the  bishops  are 
resident,  his  majesty  will  have  them  to  moderate  and  preside 
in  these  meetings.  As  likewise  because  it  often  fallcth  out 
that  matters  cannot  be  decided  in  presbyteries,  by  reason  of 
the  difticulties  that  arise,  and  that  the  custom  is  to  remit  the 


A.  D.  IGOG.]  CHURCH  OF  SCOTLAND.  185 

decision  thereof  to  the  synod  of  the  diocese,  it  is  his  majesty's 
advice,  that  the  moderation  of  these  Assembhes  be  committed 
to  the  bishops,  who  shall  be  burthened  with  the  delation  of 
papists,  and  solicitation  of  justice  against  those  that  will  not 
be  brought  to  obedience,  in  respect  his  majesty  hath  bestowed 
on  them  places,  and  means  to  bear  out  the  charges  and 
burthens  of  difficil  and  dangerous  actions,  which  other  min- 
isters cannot  so  well  sustain  and  undergo." 

This  overture,  seeming  to  import  a  great  alteration  in  the 
discipline,  was  not  well  accepted  of  divers ;  but  his  majesty's 
commissioner  having  declared  that  it  was  so  far  from  the 
king's  purpose  to  make  any  change  in  the  present  discipline, 
as  he  did  not  long  for  any  thing  more  than  to  have  it  rightly 
settled,  and  all  those  eyehsts  removed  which  had  given  him 
so  just  occasion  of  discontent,  they  desired  a  time  to  deli- 
berate, and  that  a  number  of  the  most  wise  and  learned 
might  be  selected  to  confer  thereupon,  and  report  their 
opinions  to  the  Assembly. 

The  brethren  named  upon  this  conference  having  debated 
every  point  at  length,  and  considered  the  inconveniences  that 
might  arise  by  the  change,  especially  the  usurpation  that  was 
feared  these  constant  moderators  should  make  upon  their 
brethren,  resolved  that  the  overture  proponed  was  not  to  be 
refused,  so  as  certain  cautions  were  added,  which  were  con- 
descended unto,  in  manner  following  : — 

1.  That  the  moderators  of  presbyteries  and  provincial  As- 
semblies should  not  presume  to  do  any  thing  of  themselves, 
without  the  advice  and  consent  of  their  brethren. 

2.  That  they  should  use  no  farther  jurisdiction  nor  power 
than  moderators  have  been  in  use  of  by  the  constitutions 
of  the  Church. 

3.  If  it  should  happen  the  moderators  to  be  absent  at  any 
time  from  these  meetings,  it  should  be  in  the  power  of 
synods  and  presbyteries  to  nominate  another  for  moderat- 
ing in  their  absence. 

4.  When  the  place  of  a  moderator  in  any  presbytery  should 
be  void,  the  election  of  one  to  succeed  should  be  made  by 
the  whole  synod  with  consent  of  his  majesty's  commis- 
sioner. 

5.  If  any  of  the  moderators  should  depart  this  life  betwixt 


186  THE  HISTORY  OF  THE  [a.  D.   IGOC. 

Assemblies,  it  should  bo  lawful  to  the  presbyteries  to 
noraiuatc  one  of  the  most  grave  and  worthy  of  their 
number  for  the  place,  unto  the  meeting  of  the  next  synod. 

6.  That  the  moderators  of  the  presbyteries  should  be  subject 
to  the  trial  and  censure  of  the  synod  ;  and  in  case  they  be 
found  remiss  in  the  discharge  of  their  duties,  or  to  have 
usurped  any  farther  power  over  the  brethren  than  is  given 
them  by  the  Assembly,  the  same  should  be  a  cause  of 
deprivation  from  their  office  of  moderation,  and  they  de- 
prived therefore  by  the  said  synods. 

7.  In  like  manner  the  moderator  of  the  provincial  Assembly 
should  bo  tried  and  censured  by  the  General  Assembly ; 
and  in  case  he  was  found  remiss,  or  to  have  usurped  any 
farther  power  than  the  simple  place  of  a  moderator,  he 
should  be  deprived  therefore  by  the  General  Assen:ibly. 

8.  That  the  moderators  of  every  presbytery  and  synod  with 
their  scribes  should  be  astricted  to  be  present  at  the 
General  Assembly,  and  be  reputed  members  thereof,  they 
bringing  with  them  the  registers  of  the  acts  and  proceed- 
ings in  their  meetings  to  be  seen,  that  so  their  diligence 
and  fidelity  in  their  charges  might  bo  known. 

9.  That  it  should  be  lawful  to  each  presbytery  to  send  two 
or  three  commissioners  to  the  General  Assembly,  by  and 
besides  the  moderator  and  scribe,  if  they  should  think  it 
expedient.  ' 

10.  That  the  moderator  of  the  General  Assembly  should  be 
chosen  by  the  voices  of  the  whole  Assembly,  lites  being 
first  made  and  proponed,  as  in  times  passed. 

11.  That  in  the  synods  where  there  is  not  a  bishop  actually 
resident,  the  like  lite  should  be  made  of  the  moderators  of 
the  presbyteries  within  these  bounds,  and  one  of  them 
elected  to  moderate  the  same  Assembly,  so  as  his  majesty's 
commissioners  give  their  advice  thereunto. 

And,  lastly,  That  the  rolls  of  moderators  in  every  presbytery 
should  be  examined,  to  see  if  there  was  any  other  of  the 
number  more  fit  to  use  the  said  office;  and  that  they 
whom  this  present  Assembly  should  nominate,  should  bo 
commanded  to  accept  the  said  moderation  upon  them  with- 
out making  any  shift  or  excuse. 

These  cautions   being   read   in  the  full  Assembly,  were 


A.  D.  IGOG.]  CHURCH  OF  SCOTLAND.  187 

approved  of  all,  and  the  overture  thereafter  put  to  voices 
was  allowed,  and  the  same  enacted  as  a  conclusion  of  the 
whole  Assembly,  four  only  of  the  whole  number  disassenting ; 
other  four  refusing  to  vote  because  they  had.no  commission, 
as  they  pretended,  from  their  presbyteries,  and  two  answer- 
ing, non  liquet.  This  conclusion  taken,  the  rolls  of  presby- 
teries were  called,  and  none  found  more  sufficient  than  they 
who  did  presently  moderate  these  meetings ;  whereupon  an 
ordinance  was  made,  that  they  should  continue  in  their 
charges,  and  not  be  altered,  unless  the  synod  did  make 
another  choice. 

This  business  ended,  a  great  complaint  was  made  of  the 
insolency  of  papists,  chiefly  in  the  north  parts,  and  of  the 
superstitions  used  at  the  burials  of  the  Lord  Ogilvy  and 
laird  of  Gight,  who  had  deceased  a  few  months  before.  The 
marquis  of  Huntly  being  also  returned  lately  from  court, 
had  given  out  that  he  brought  a  warrant  from  his  majesty  to 
stay  all  ecclesiastical  proceedings  against  him,  his  lady,  and 
family :  by  which  reports  those  of  the  Roman  profession 
were  not  a  little  encouraged,  and  were  become  open  contem- 
ners of  the  censures  of  tlie  Church. 

These  complaints  being  greatly  taken  to  heart  by  the 
whole  Assembly,  it  was  concluded  that  a  petition  should  be 
preferred  to  his  majesty  in  all  their  names,  for  confining  the 
marquis  of  Huntly,  the  earls  of  Angus  and  Erroll,  with  their 
ladies,  in  some  cities  and  towns  where  they  might,  by  the 
hearing  of  the  word  and  conference  with  learned  men,  be 
reduced  from  their  errors,  at  least  kept  from  doing  harm, 
and  from  the  perverting  of  others.  To  present  this  petition 
and  the  act  of  constant  moderators,  choice  was  made  of  Mr 
James  Law,  bishop  of  Orkney,  and  he  despatched  to  court ; 
which  done,  the  Assembly  brake  up  and  dissolved  with  the 
good  satisfaction  of  all. 

Nor  was  it  long  before  the  king's  answer  returned  in  these 
particulars :  and  first,  concerning  the  marquis  of  Huntly,  his 
majesty  declared,  "  That  he  had  obtained  no  warrant  for 
impeding  the  Church  disciphne,  neither  against  himself  or 
any  of  his  family ;  and  that  only  (because  he  aflirmed  that 
he  had  kept  all  the  injunctions  prescribed,  except  that  he 
had  not  communicated)  the  council  was  desired  after  trial  of 
his  obedience  in  the  rest  of  the  particulars  enjoined,  to  com- 


188  THE  HISTORY  OF  THE  [a.  D.  1606. 

mand  the  presbyteries  of  the  north  to  stay  their  proceedings 
against  him  for  his  not  communicating ;  concerning  which 
point  he  had  certified  the  marquis,  that  howsoever  some 
space  was  granted  to  him  for  his  better  resolution,  if  he  did 
persist  in  his  errors,  and  would  not  be  reclaimed,  he  would 
make  no  other  reckoning  of  him  than  of  one  that  studied  to 
make  himself  the  head  of  a  ftiction,  and  rather  root  him  out 
than  nourish  him  in  his  follies  by  a  preposterous  toleration," 

As  to  the  confining  of  him  and  the  other  noblemen  in  the 
cities  and  places  set  down  in  the  Assembly's  petition,  "  His 
majesty  did  think  it  too  rigorous,  unless  they  were  tried  to 
have  committed  some  offence  deserving  the  same.  Where- 
fore he  would  have  them  called  before  the  council,  the 
bishop  of  the  diocese,  moderator  of  the  presbytery,  and  the 
minister  of  the  parish  being  present,  and  inquired  concerning 
their  behaviour,  and  wliether  they  did  resort  or  not  ordi- 
narily to  sermon ;  wherein  if  they  should  be  tried  to  have 
transgressed,  his  pleasure  was  they  should  be  confined  within 
so  many  miles  compass  as  are  distant  betwixt  the  houses  of 
their  residence  and  the  city  wherein  it  was  desired  they 
should  be  confined,  to  the  end  they  may  repair  to  their 
houses  when  the  necessity  of  their  business  requireth,  and  at 
other  times  resort  to  the  city  or  town  designed  for  their 
instruction,  where  they  should  be  tied  to  stay  ten  days 
together,  and  during  their  stay  hear  sermons,  admit  confer- 
ence, and  forbear  the  company  of  Jesuits,  seminar}^  priests, 
and  others  of  that  profession.  And  if  it  should  happen  them 
to  have  any  business  in  council  or  session,  that  license  should 
be  granted  unto  them  for  repairing  thither  during  a  certain 
space,  providing  they  did  resort  to  the  Church,  and  gave  no 
scandal  by  their  behaviour." 

For  the  superstitious  rites  used  at  the  burial  of  the  Lord 
Ogilvy  and  Gight,  his  majesty's  pleasure  was,  "  That  their 
sons  should  be  called  before  the  council  and  committed ;  but 
no  sentence  should  be  given  till  the  whole  circumstances 
were  tried  and  notified  to  him." 

As  touching  the  conclusion  taken  for  the  constant  modera- 
tors, "  His  majesty  did  thank  the  Assembly  for  their  travails  : 
but  whereas  they  were  of  opinion  that  the  act  should  be 
universally  received,  (for  so  much  the  Assembly  had  written,) 
he  said,  that  he  knew  them  too  well  to  expect  any  such 


A.  D.  1007.]  CHURCH  OF  SCOTLAND.  189 

thing  at  their  hands.  Their  conscientious  zeal  to  maintain 
parity,  and  a  desire  to  keep  all  things  in  a  continual  volu- 
bility, he  said,  was  such  as  they  would  never  agree  to  a 
settled  form  of  government.  Besides,  he  knew  that  divers 
of  these  who  were  nominated  to  the  places  of  moderation 
would  refuse  to  accept  the  same,  lest  they  should  be  thought 
to  affect  superiority  above  their  brethren.  That  therefore 
he  would  have  the  council  to  look  to  that  business,  and  direct 
charges  as  well  for  those  that  were  nominated  to  accept  the 
moderation  as  to  the  ministers  of  every  presbytery  to 
acknowledge  them  that  were  nominated." 

The  event  justified  his  majesty's  opinion,  for  all  the  next 
year  there  was  no  matter  that  so  troubled  the  council  as  that 
of  the  constant  moderators.  The  synod  of  Perth,  convening 
in  March  thereafter,  did,  in  direct  opposition  of  the  act  con- 
cluded at  LinUthgow,  inhibit  all  the  presbyteries  within  their 
bounds  to  acknowledge  the  conclusion  taken  in  that  meeting, 
and  discharged  Mr  Alexander  Lindsay,  parson  of  Simme- 
dosei,  who  was  nominated  by  the  Assembly  moderator  of 
Perth,  to  exercise  the  said  office,  under  pain  of  the  censures 
of  the  Church.  The  synod,  being  cited  before  the  council 
for  this  presumption,  was  discharged  to  meet  thereafter,  and 
the  presbyteries  within  these  bounds  commanded  under  pain 
of  rebellion  to  accept  their  moderators. 

In  Fife  the  resistance  was  no  less ;  for  the  synod  being 
continued  twice,  first  from  April  to  June,  then  from  June  to 
September,  meeting  at  that  time  in  Dysart,  and  pressed  by 
the  Lords  Lindsay,  Scone,  and  Halyrudhouse,  commissioners 
from  the  council,  to  accept  the  archbishop  of  St  Andrews  for 
their  moderator,  did  obstinately  refuse,  and  dissolved  without 
doing  any  thing.  Hereupon  was  that  synod  likewise  dis- 
charged, and  all  the  burghs  inhibited  to  receive  them,  if  per- 
haps they  should  reassemble  after  the  commissioners  were 
gone.  The  presbyteries  of  Mersc  were  also  very  trouble- 
some, and  the  council  so  vexed  with  complaints  of  that  kind, 
as  not  a  day  passed  without  some  one  or  other.  But  all  this 
opposition  proved  vain,  and  they  in  end  forced  to  obey,  did 
find  by  experience  this  settled  course  much  better  than  their 
ch'cular  elections. 

A  commission  came  in  this  mean  time  for  planting  some 
'  St  Madocs. 


190  THE  HISTORY  OF  THE  [a.  D.  1G07. 

learned  and  worthy  person  in  the  place  of  Mv  Andrew  Mel- 
vill  at  St  Andrews.  The  commission  was  directed  to  the 
archbishop  of  St  Andrews,  the  bishops  of  Dunkeld,  Ross, 
and  Brechin,  the  Lord  Balmerino.  the  advocate,  the  laird 
of  Balcomie,  and  commissar  of  St  Andrews ;  who  meeting  in 
the  new  college,  the  sixteenth  of  June,  after  the  reading  of 
his  majesty's  letter,  (whereby  it  was  declared,  that  the  said 
Mr  Andrew  being  judged  by  the  council  of  England  to  have 
trespassed  in  the  highest  sort  against  his  majesty,  and  for 
the  same  committed  to  the  Tower  till  he  should  receive  his 
just  punishment,  was  no  more  to  return  to  that  charge,)  they, 
according  to  the  power  given  them,  did  proceed  and  make 
choice  of  Mr  Robert  Howie  to  be  provost  of  the  said  college, 
ordaining  him  to  be  invested  in  the  said  office  with  all  the 
immunities  and  privileges  accustomed;  which  was  accord- 
ingly performed  in  the  July  thereafter,  and  he  entered  to 
his  charge  the  twenty-seventh  of  that  month. 

It  remained  that  some  course  should  be  taken  with  the 
ministers  that  were  staying  at  London,  who,  as  it  was  once 
purposed,  were  to  be  provided  with  some  livings  in  England ; 
but  that  Church  not  liking  to  entertain  such  guests,  they 
were  all  permitted  to  return  home,  upon  their  promise  to 
live  obedient  and  peaceable.  Mr  James  Mclvill  was  only 
retained,  who,  living  a  while  confined  at  Newcastle,  was  after 
some  months  licensed  to  come  to  Berwick,  where  he  deceased. 
A  man  of  good  learning,  sober,  and  modest ;  but  so  addicted 
to  the  courses  of  Mr  Andrew  Melvill,  his  uncle,  as  by 
following  him  he  lost  the  king's  favour,  which  once  he  en- 
joyed in  a  good  measure,  and  so  made  himself  and  his  labours 
unprofitable  to  the  Church. 

Now  let  us  see  what  happened  in  the  kingdom  during  this 
time.  The  king  was  ever  seriously  commending  to  the 
council  the  removing  of  the  barbarous  feuds  wherewith  he 
had  been  so  greatly  troubled,  divers  whereof  by  their  ti'avails 
were  this  year  agreed ;  yet  new  occasions  daily  arising,  they 
were  kept  in  a  continual  business.  David  Lindsay,  younger 
of  Edzell,  seeking  to  revenge  the  slaughter  of  his  uncle  iNIr 
Walter  Lindsay,  whom  David,  master  of  Crawford  had  killed, 
as  he  lay  in  wait  of  the  said  master  (who  was  then  by  the 
decease  of  his  father  succeeded  in  the  earldom),  through  a 
pitiful  mistake  did  invade  Alexander,  lord  Spynie,  and  killed 


A.  D.  1608.]  CHURCH  OF  SCOTLAND.  191 

him  instead  of  the  other.  The  nobleman's  death  was  much 
regretted  for  the  many  good  parts  he  had,  and  the  hopes  his 
friends  conceived  that  he  should  have  raised  again  that  noble 
and  ancient  house  of  Crawford  to  the  former  splendour  and 
dignity,  all  which  perished  with  him.  He  that  was  in  place 
and  escaped  the  peril,  being  a  base  unworthy  prodigal,  and 
the  undoer  of  all  that  by  the  virtue  of  his  ancestors  had  been 
long  kept  together. 

Another  business  no  less  troublesome  did  also  then  happen 
betwixt  the  carl  of  Morton  and  the  Lord  Maxwell,  for  the 
holding  of  courts  in  Eskdale,  unto  which  both  did  pretend 
right.  The  preparation  on  both  sides  was  great,  and  like  to 
have  caused  much  unquietncss,  if  the  same  had  not  been 
carefully  prevented.  Both  parties  being  charged  by  the 
council  to  dissolve  their  forces,  and  not  to  come  towards  the 
boimds,  the  earl  of  Morton  obeyed ;  Maxwell,  contemning 
the  charge,  went  on,  and  wdthal,  by  a  cartel,  did  appeal 
Morton  to  the  combat ;  whereupon  he  was  committed  in  the 
castle  of  Edinburgh,  and  after  some  two  months'  stay  made 
an  escape.  No  sooner  found  he  himself  at  liberty,  than  he 
fell  a-plotting  the  laird  of  Johnston's  murder,  which  he 
wrought  in  a  most  treacherous  manner ;  for,  pretending  to 
use  his  friendship  in  obtaining  his  majesty's  pardon,  he  em- 
ployed Sir  Robert  Maxwell  of  Orchardtown,  whose  sister 
Johnston  had  married,  to  draw  on  a  meeting  betwixt  them, 
as  he  did,  at  a  little  hill  called  Aclmanhill.  They  did  bring 
each  of  them  one  servant  only,  as  was  agreed,  the  said  Sir 
Robert  being  present  as  a  friend  to  both.  At  meeting,  after 
they  had  courteously  saluted  one  another,  and  conferred  a 
little  space  very  friendly,  the  two  servants  going  aside,  the 
one  called  Charles  IMaxwell,  a  brother  of  Kirkhouse,  the 
other  William  Johnston  of  Lockerby,  Charles,  falleth  in 
quarrelhng  the  other,  shooteth  a  pistol  at  him  ;  the  lahd  of 
Johnston  making  to  part  them,  the  Lord  Maxwell  shooteth 
him  in  the  back  with  two  bullets,  whereupon  he  falleth,  and 
for  a  while  keeping  off  the  Lord  Maxwell,  who  made  to 
strike  him  with  his  sword,  expired  in  the  place.  It  was  the 
sixth  of  April  in  the  year  1608  that  this  happened.  The 
fact  was  detested  by  all  honest  men,  and  the  gentleman's 
misfortune  sore  lamented ;  for  he  was  a  man  full  of  wisdom 
and  courage,  and  every  way  well  iuchned,  and  to  have  been 


192  THE  IIISTOHY  OF  THE  [a.  D.   1608. 

by  his  too  much  confidence  in  this  soi't  treacherously  cut  off, 
was  a  thing  most  pitiful.  Maxwell,  ashamed  of  that  he  had 
done,  forsook  the  country,  and  had  his  estate  forfeited. 
Some  years  after,  stealing  cjuietly  into  the  kingdom,  he  was 
apprehended  in  the  country  of  Caithness,  and  beheaded  at 
Edinburgh  the  twenty-first  of  May  1613. 

The  purpose  of  civilizing  the  Isles  was  this  year  again 
renewed,  and  a  long  treaty  kept  with  the  marquis  of  Huntly 
thereupon ;  but  that  breaking  off  by  reason  of  the  small  duty 
he  did  offer  for  the  north  Isles,  the  earl  of  Argyle  was  made 
lieutenant  thereof  for  the  space  of  six  months,  in  which  time 
it  was  hoped  that  some  good  should  be  wrought,  and  the 
people  reduced  to  good  manners ;  yet  nothing  was  done  to 
any  purpose,  the  great  men  of  those  parts  studying  only  the 
increase  of  their  own  grandeur,  and  striving  whose  command 
should  be  greatest. 

In  the  parliament  of  England  that  held  in  the  November 
preceding,  the  matter  of  the  union  received  many  crossings, 
and  of  all  the  articles  condescended  among  the  commissioners 
only  that  was  enacted  which  concerned  the  abolishing  of 
hostile  laws.  The  king  grieved  at  this  exceedingly,  and 
conceiving  that  the  work  should  more  easily  be  effected  if  a 
beginning  was  made  in  Scotland,  did  call  a  parhament  in 
August,  which  was  kept  by  Lodowick,  duke  of  Lennox,  as 
commissioner  for  his  majesty,  the  earl  of  Montrose  being 
then  deceased.  The  estates,  to  satisfy  the  king's  desire,  did 
alloAv  all  the  articles  concluded  in  the  treaty,  with  a  pro- 
vision, "  that  the  same  should  be  in  like  manner  ratified  by 
the  parhament  of  England,  otherwise  the  conclusions  taken 
should  not  have  the  strength  of  a  law."  It  was  also  declared, 
"  that  if  the  union  should  happen  to  take  effect,  the  kingdom 
notwithstanding  should  remain  an  absolute  and  free  monarchy, 
and  the  fundamental  laws  receive  no  alteration."  But  the 
parliament  of  England  either  disliking  the  union,  as  fearing 
some  prejudice  by  it  to  their  estate,  or  upon  some  other 
hidden  cause,  did  touch  no  more  the  business ;  and  so  that 
good  Avork,  tending  to  the  advantage  of  both  kingdoms,  was 
left  off  and  quite  deserted. 

In  the  Church  a  new  trouble  was  moved  by  the  revolt 
that  Iluntly  and  the  two  earls  Angus  and  ErroU  made; 
divers  especially  in  the  north  parts  falling  away  by  their 


I 


A.  D.  ]G08.]  CHURCH  of  Scotland,  193 

example.  This  being  represented  to  the  king,  he  gave  order 
for  calling  an  Assembly,  which  convened  at  Linlithgow  in  the 
end  of  July.  Therein  the  earls  of  Dunbar,  Winton,  and 
Lothian  sat  commissioners  for  the  king.  The  bishop  of 
Orkney,  elected  to  preside,  having  showed  the  occasion  of 
the  present  meeting  to  be  the  growth  and  increase  of  papists 
in  all  the  quarters  of  the  kingdom,  it  was  tliought  meet  to 
take  up  the  names  of  those  that  made  open  profession  of 
popery,  as  likewise  of  those  that  were  suspected  to  fiivour 
the  course,  that  their  number  and  forces  being  known,  the 
remedies  might  be  the  better  advised  and  provided. 

The  number  was  found  to  be  very  great,  chiefly  in  the 
north,  and  the  marquis  of  Huntly  delated  by  all  as  the  only 
cause  of  the  defection  in  those  bounds.  He  being  cited  to 
appear  before  the  Assembly  under  the  pain  of  excommunica- 
tion, and  neither  compeiring  nor  sending  any  excuse,  was 
ordained  to  be  excommunicated,  and  the  sentence  accordingly 
pronounced  in  the  hearing  of  the  whole  Assembly.  This 
was  appointed  to  be  intimated  in  all  the  churches,  and  no 
absolution  given  upon  whatsoever  offers,  in  regard  of  his 
manifold  apostasies,  without  the  advice  of  the  general 
Church.  The  like  course  was  concluded  to  be  kept  with 
Angus,  Erroll,  and  the  Lord  Sempill,  how  soon  the  processes 
intended  ajrainst  them  were  brought  to  an  end. 

This  done,  the  Assembly  began  to  rip  up  the  causes  of  the 
defection  more  narrowly ;  which  they  found  to  proceed  from 
the  ministers  in  a  part,  their  negligence  in  teaching  and 
catechising  of  people,  the  too  sudden  admission  of  young 
men  into  the  ministry,  and  the  distraction  of  minds  among 
those  that  arc  admitted. 

For  remedy  whereof  it  was  ordained  as  followeth : — 

First,  That  they  should  apply  themselves  to  the  exercise 
of  their  function  Avith  greater  diligence  than  they  were 
accustomed,  and  take  a  special  care  of  young  children,  to  see 
them  instructed  in  the  Belief,  the  Lord's  Prayer,  and  Ten 
Commandments,  whereof  they  should  examine  every  child  at 
the  age  of  six  years,  and  yearly  inquire  of  their  profiting 
and  increase  in  knowledge. 

2.  That  some  longer  time  should  be  prescribed  for  the 
admission  of  men  to  the  ministry,  and  the  exceptions,  con- 

VOL.  III.  13 


194  THE  IliSTOUY  OF  THE  [a.  D.  1G08. 

tained  in  tlic  act  of  the  age  of  ministers  to  bo  admitted, 
reserved  to  the  cognition  of  tlie  General  Assembly. 

3.  That  they  should  use  a  greater  diligence  in  the  pro- 
cessing of  papists,  and  that  none  out  of  corrupt  favour  should 
grant  them  any  oversight  under  the  pain  of  deposition. 

4.  That  all  who  carried  office  in  the  Church  should  be 
careful  to  eschew  offences,  and  endeavour  to  keep  love  and 
peace  among  themselves. 

5.  And  for  the  present  distractions  in  tlie  Church,  seeing 
the  same  did  arise  partly  from  a  diversity  of  opinions  touch- 
ing the  external  government  of  the  Church,  and  partly  from 
divided  affections,  the  last  of  these  two  being  the  most 
dangerous,  as  not  suffering  the  brethren  to  unite  themselves 
against  the  common  enemy,  they  were  all  in  the  fear  of  God 
exhorted  to  lay  down  wliatsoevcr  grudge  or  rancour  they 
had  conceived,  and  to  be  reconciled  in  heart  and  affection 
one  to  another ;  which  all  that  were  present  did  faithfully 
promise,  by  the  holding  up  their  hands. 

But  the  fault  not  being  in  the  ministers  alone,  and  seen  to 
proceed  from  other  causes  also ;  as  from  the  oversight  of 
Jesuits  and  priests,  and  their  entertainment  in  the  country  ; 
the  preferment  of  men  to  public  offices  that  were  suspected 
in  rehgion ;  the  fiivour  showed  to  papists  by  them  in  places 
of  chief  authority  ;  mass  priests  admitted  without  his  majes- 
ty's warrant,  and  no  security  taken  for  their  not  returning ; 
licenses  granted  to  noblemen's  sons  for  going  abroad,  and 
their  education  trusted  to  men  of  contrary  profession ;  advo- 
cations to  the  council  of  matters  properly  belonging  to  the 
ecclesiastical  judicatories,  and  the  lack  of  preachers  in  many 
parts  of  the  land ;  it  was  concluded  that  certain  petitions 
should  be  formed  and  presented  to  his  majest}'  by  some 
selected  commissioners  for  remedying  these  evils,  which  were 
formed  in  this  manner : — 

First,  That  an  humble  supplication  should  be  made  by  the 
whole  Assembly,  enti'eating  his  majesty  not  to  permit  any 
papist  or  suspected  of  popery  to  bear  charge  in  council, 
session,  or  in  any  burgh  or  city  ;  and  where  his  majesty  did 
know  any  such  to  occupy  these  places,  humbly  to  crave  that 
order  mijrht  be  taken  for  their  removinor. 


A.  D.  1608.]  CHURCH  OF  SCOTLAND.  105 

2.  That  the  laws  made  against  papists  should  receive 
execution,  and  no  favour  be  granted  unto  them  by  the  officers 
of  state  ;  with  a  prohibition  to  the  council  to  meddle  in  affairs 
ecclesiastical,  or  to  discharge  the  processes  led  by  ministers 
against  papists  and  other  contemners  of  Church  discipline. 

3.  That  papists  abjuring  their  rehgion,  in  hope  of  prefer- 
ment to  offices  of  state,  should  not  be  admitted  thereto  till 
they  had  given  five  years'  probation  at  least. 

4.  That  the  sons  of  noblemen  professing  popery  should  be 
committed  to  the  custody  of  such  of  their  friends  as  are  sound 
in  religion. 

5.  That  a  commission  should  be  granted  to  every  bishop 
within  his  diocese,  and  to  such  well-affected  noblemen,  barons, 
and  gentlemen  as  the  commissioners  of  the  Assembly  should 
nominate,  for  apprehending  Jesuits,  seminary  priests,  excom- 
municated papists,  and  traffickers  against  religion. 

6.  That  the  searchers  of  ships  sliould  seize  upon  all  books 
tliat  are  brought  unto  the  country,  and  present  them  to 
the  ministers  of  the  town  where  the  ships  shall  happen  to 
arrive. 

7.  That  excommunicated  papists  be  put  in  close  prison, 
and  none  have  access  unto  them  but  such  as  are  known  to  be 
of  sound  religion. 

8.  That  the  deputies  of  excommunicates  be  not  suffered  to 
enjoy  any  office  under  them,  and  that  some  others  be  ap- 
pointed by  his  majesty  to  serve  in  their  places. 

9.  Finally,  that  his  majesty  should  be  humbly  entreated 
to  plant  the  unprovided  churches,  especially  the  churches  of 
the  chapel  royal,  with  competent  stipends. 

The  commissioners  chosen  to  present  these  petitions  were, 
the  archbishop  of  Glasgow,  the  earl  of  Wigton,  the  Lord 
Kilsyth,  Mr  William  Couper,  minister  at  Perth,  and  James 
Nisbit,  burgess  of  Edinburgh.  Together  with  the  petitions, 
they  received  a  letter  from  the  Assembly  conceived  in  these 
terms : — 

"  Having  convened  in  this  General  Assembly  by  your 
majesty's  favourable  license  and  permission,  and  shadowed 
under  your  majesty's  wings  with  the  presence  of  your 
majesty's  commissioners,  we  did  set  ourselves  principally 


196  THE  mSTOUY  OF  THE  [a.  d.  1608. 

to  consider  the  cause  of  the  late  growth  of  papists  among  us, 
and  found  by  a  universal  complaint  the  chief  cause  to  be 
this,  that  where  the  Church  in  these  parts  was  accustomed  to 
be  nourished  by  your  majesty's  fatherly  affection,  as  the 
most  kind  parent  of  piety  and  religion,  we  have  been  left  in 
the  hands  of  unkind  stepfathers,  vrho  esteeming  us  an  un- 
couth birth  to  them  have  entreated  us  hardly,  and  cherished 
our  adversaries  by  all  means  they  could,  as  your  majesty's 
highness  will  perceive  more  clearly  by  the  overtures  for 
remedy,  which  in  all  humble  submission  wc  present  to  your 
majesty  by  these  honourable  commissioners  and  brethren, 
humbly  entreating  your  majesty  to  take  compassion  upon 
us,  your  majesty's  loving  children  in  this  land,  that  we  may 
be  taken  out  of  the  hands  of  these  who  are  more  ready  to 
deliver  the  heads  of  the  king's  sons  to  Jehu,  if  the  time  were 
answerable  to  their  wishes,  than  to  nourish  and  bring  them 
up  to  perfection, 

"  There  is  no  cause.  Sire,  why  the  apostates  who  have  lately 
grown  up  in  this  land  should  be  feared,  whatever  they  be  in 
estate  or  number ;  for  Avith  them  are  the  golden  calves, 
which  God  will  destroy ;  with  them  is  Dagon,  whose  second 
fall  shall  be  worse  than  the  first :  but  with  your  majesty  is 
the  Lord  your  God  to  fight  for  you,  and  under  your  standard 
are  the  best  of  the  nobihty,  the  greatest  number  of  barons, 
and  all  your  majesty's  burgesses,  unspotted  in  religion,  and 
resolute  all  of  them,  for  God's  honour  and  your  majesty's 
preservation,  to  spend  their  goods  and  lives  and  whatever  is 
dear  to  them.  We  also  your  majesty's  humble  servants,  the 
bishops  and  ministers  of  the  gospel  in  this  laud,  now  re- 
conciled to  others  with  a  most  hearty  affection,  by  your 
majesty's  only  means  and  the  careful  labours  of  your  majes- 
ty's trusty  councillor  and  our  very  good  lord,  the  earl  of 
Dunbar,  arc  for  our  parts  most  ready  to  all  service  in  our 
callings  to  stir  up  your  majesty's  subjects  by  the  word  that 
God  hath  put  into  our  mouths,  to  the  performing  of  that 
obedience  which  God  and  nature  duth  oblige  them  unto,  and 
by  God's  grace  shall  go  before  them  in  all  good  ensample. 
These  things  we  leave  to  be  delivered  by  our  commissioners, 
whom  we  beseech  your  majesty  to  hear  graciously,  and  after 
some  favourable  consideration  of  our  case  and  present  suits, 
to  give  such  answer  as  in  your  highness's  wisdom  shall  be 


A.  D.  1608.]  CHUnCH  OF  SCOTLAND.  197 

thought  fittest.  And  now  with  our  humble  thanks  to  your 
majesty  for  the  hborty  granted  to  meet  in  tliis  Assembly, 
and  our  most  hearty  prayers  to  God  Almighty  for  your 
liighness's  long  life  and  prosperous  reign,  we  rest." 

This  letter  was  subscribed  by  the  earls  of  Crawford, 
Glencarne,  and  Kinghorn,  the  Lords  Lindsay,  Buccleuch, 
Saltoun,  Loudoun,  Torphichen,  Blantyre,  Scone,  Halyrud- 
house,  and  a  great  number  of  the  clergy  and  barons. 

The  chancellor  hearing  of  the  Assembly's  proceedings, 
and  supposing  himself  to  be  specially  aimed  at  in  all  that 
business  (wherein  he  was  not  mistaken),  moved  the  secretary 
to  take  journey  to  court  for  obviating  these  courses  so  far  as 
ho  might.  But  he  at  his  coming  did  meet  with  a  business 
that  concerned  himself  more  nearly  ;  for  about  the  same  time 
Cardinal  Beliarmine  had  published  an  answer  to  the  king's 
apology,  and  therein  charged  him  with  inconstancy,  objecting 
a  letter  that  he  had  sent  to  Clement  the  Eighth  whilst  he 
lived  in  Scotland,  in  which  he  had  recommended  to  his 
holiness  the  bishop  of  Vaison  for  obtaining  the  dignity  of  a 
cardinal,  that  so  he  might  be  the  more  able  to  advance  his 
affairs  in  the  court  of  Rome.  The  treatise  coming  to  the 
king's  hands,  and  he  falling  upon  that  passage,  did  presently 
conceive  that  he  had  been  abused  by  his  secretary,  who,  he 
remembered,  had  moved  him  on  a  time  for  such  a  letter,  and 
thereupon  began  to  think  that  among  the  letters  sent  to  the 
dukes  of  Savoy  and  Florence,  at  the  time  such  another 
might  have  been  shuffled  in  to  the  pope,  and  his  hand  sur- 
reptitiously got  thereto. 

The  king  lay  then  at  Royston,  and  the  secretary  coming 
thither,  he  inquired  if  any  such  letter  had  been  sent  to  the  pope 
at  any  time.  The  secretary  apprehending  no  danger,  and 
thinking  that  his  policy  in  procuring  the  pope's  favour  to  the 
king  should  not  be  ill  interpreted,  confessed,  '•'  that  such  a 
letter  he  had  written  by  his  majesty's  own  knowledge." 
But  perceiving  the  king  to  wax  angry,  he  fell  on  his  knees 
and  entreated  mercy,  "  seeing  that  which  he  had  done  was 
out  of  a  good  mind,  and  desire  to  purchase  the  pope's  favour, 
which  might  at  the  time  have  advanced  his  title  to  England." 

The  king  then  putting  him  in  mind  of  the  challenge  made 
by  the  late  queen  in  the  year  1599  for  writing  the  same 


198  THE  HISTORY  OF  THE  [a.  D.  1G08. 

letter,  and  how  being  at  that  time  questioned  thereupon  he 
had  not  only  denied  his  own  knowledge  thereof,  but  likewise 
moved  Sir  Edward  Drummond,  who  carried  the  letter  to 
the  pope,  to  come  into  Scotland  and  abjure  the  same;  he 
answered,  "  That  he  did  not  think  the  matter  would  be 
brought  again  iu  hearing,  and  that  fearing  his  majesty's 
offence  he  had  denied  the  letter,  and  had  moved  his  cousin 
Sir  Edward  to  do  the  like ;  but  now  that  he  saw  that  which 
he  had  done  in  a  politic  course  turned  to  the  king's  reproach, 
with  many  teai's  he  besought  his  majesty  to  pardon  his  fault, 
and  not  to  undo  him  who  was  his  own  creature,  and  willing 
to  suffer  what  he  thought  meet  for  repairing  the  offence." 
The  king  replying,  "  that  the  fault  was  greater  than  he  ap- 
prehended, and  that  it  could  not  be  so  easily  passed,  enjoined 
him  to  go  to  London,  and  keep  his  chamber  till  ho  returned 
thither." 

After  some  eight  days  the  king  returned  to  Whitehall, 
where  the  secretary  was  brought  before  the  council,  and 
charged  with  the  fault;  which  the  lords  did  aggravate  in 
such  manner,  as  they  made  the  same  to  be  the  ground  of  all 
the  conspiracies  devised  against  the  king  since  his  coming 
into  England,  especially  of  the  powder  treason.  "  For  the 
papists,"  said  they,  "  finding  themselves  disappointed  of  the 
hopes  which  that  letter  did  give  them,  had  taken  the  des- 
perate course  which  tliej'^  followed,  to  the  endangering  of  his 
majesty's  person,  posterity,  and  whole  estates." 

The  secretary,  having  heard  their  discourses,  kneeled  to 
the  ground,  and  fetching  a  deep  sigh,  spake  to  this  effect : 
"  Curoi  leves  loquuntur,  ingentes  stupent.  My  Lords,  I  can- 
not speak  nor  find  words  to  express  the  grief  I  have  con- 
ceived for  the  offence  committed  by  me  against  my  gracious 
sovereign ;  for  on  the  one  side,  when  1  call  to  mind  his 
majesty's  favours  bestowed  upon  me,  having  raised  me  out 
of  the  dust  to  a  fortune  far  exceeding  my  merit,  and,  on  the 
other,  side,  I  look  to  my  foul  fault  in  abusing  his  majesty's 
trust,  bringing  thereby  such  an  imputation  upon  his  innocency 
as  will  hardly  be  taken  away  ;  1  find  no  other  Avay  but  with 
the  forlorn,  child  to  say,  Peccavi  in  ccelum  et  terram.  My 
offence  is  great,  I  confess,  nor  am  I  worthy  to  be  reckoned 
any  longer  among  his  majesty's  subjects  or  servants.  His 
majesty's  rare  piety,  singular  wisdom,  and  unspotted  sincerity 


A.  D.   1G08.]  CHUHCH   OF  SCOTLAND.  199 

in  all  his  actions,  whereof  I  had  so  long  experience,  might 
have  taught  me,  that  when  he  refused  to  have  any  dealing 
with  the  pope,  the  event  of  the  course  I  took  could  not  be 
good;  but  I,  unhappy  man,  would  needs  follow  the  way 
which  to  me  seemed  best,  and  whereof  I  find  now  the  smart. 
If  no  other  thing  can  liberate  his  majesty  of  this  imputation 
caused  by  mj  folly,  let  neither  my  hfe  nor  estate  nor  credit 
be  spared;  but  as  I  have  all  by  his  majesty's  favour,  so  let 
all  go,  even  to  the  last  drop  of  my  blood,  before  any  reproach 
for  my  offence  be  brought  upon  his  majesty." 

Then  rising  up,  he  said,  "  It  shall  not  be  necessary  to 
remit  my  trial  to  Scotland,  which  I  hear  your  honours  do 
intend,  for  1  do  simply  submit  myself  to  his  majesty's  will, 
and  had  much  rather  not  live  than  lie  any  longer  under  his 
majesty's  displeasure.  Therefore  ray  humble  suit  to  your 
honours  is,  that  in  consideration  of  my  miserable  estate  and 
ingenuous  confession  you  would  be  pleased  to  move  his  ma- 
jesty for  accepting  me  in  will,  and  that  without  delay  what- 
soever may  be  done  for  reparation  of  his  honour  may  be 
performed,  whereunto  mo^t  willingly  I  submit  myself." 

The  chancellor.  Sir  Thomas  Egerton,  without  taking  any 
notice  of  these  last  words,  declared,  that  his  majesty's 
pleasure  Avas  to  remit  the  trial  of  his  offence  to  the  Judges  in 
Scotland,  and  that  he  should  be  conveyed  thither  as  a 
prisoner,  the  sheriffs  attending  him  from  shire  to  shire,  till 
he  was  delivered  in  Scotland ;  in  the  meantime  he  did  pro- 
nounce him  depi'ived  of  all  places,  honours,  dignities,  and 
every  thing  else  that  he  possessed  in  England. 

Vv'hether  or  not  I  should  mention  the  arraignment  and 
execution  of  George  Sprot,  notary  in  Eyemouth,  who  suffered 
at  Edinburgh  in  the  August  preceding,  I  am  doubtful ;  his 
confession,  though  voluntary  and  constant,  carrying  small 
probability.  This  man  had  deponed,  "  That  he  knew  Robert 
Logan  of  Restalrig,  who  was  dead  two  years  before,  to  have 
been  privy  to  Gowrie's  conspiracy,  and  that  heunderstood 
so  much  by  a  letter  that  fell  in  his  hand,  written  by  Restalrig 
to  Gowrie,  bearing  that  he  would  take  part  with  him  in  the 
revenge  of  his  father's  death,  and  that  his  best  course  should 
be  to  bring  the  king  by  sea  to  Fast  Castle,  where  he  might  be 
safely  kept,  till  advertisement  came  from  those  with  whom 
the  earl  kept  intelligence."     It  seemed  a  very  fiction,  and  to 


200  THE  iiisTonv  OF  THE  [a.  d.  1G08. 

be  a  mere  conceit  of  the  man's  own  brain ;  for  neither  did 
he  show  the  letter,  nor  could  any  wise  man  think  that  Gowrie, 
who  went  about  that  treason  so  secretly,  would  have  com- 
municated the  matter  with  such  a  man  as  this  Rcstalrig  was 
known  to  be.  As  ever  it  was,  the  man  remained  constant  in 
his  confession,  and  at  his  dying,  when  he  was  to  be  cast  off 
the  ladder  (for  he  was  hanged  in  the  public  street  of  Edin- 
burgh), promised  to  give  the  beholders  a  sign  for  confirming 
them  in  the  truth  of  what  he  had  spoken ;  which  also  he 
performed,  by  clapping  his  hands  three  several  times  after 
he  was  cast  off  by  the  executioner.' 

To  return  to  the  commissioners  of  the  Assembly,  They 
had  presence  of  the  king  in  Hampton  Court  the  tenth  of 
September,  where  the  archbishop  of  Glasgow  having  declared 
the  occasion  of  their  coming,  did  present  the  Assembly's 
letter,  together  with  their  petitions.  The  king  having  read 
both  the  one  and  the  other,  said,  "  That  the  difference 
between  the  lawful  and  unlawful  meetings  might  be  per- 
ceived by  the  fruits  arising  from  both :  for  as  that  unlawful 
conventicle  at  Aberdeen  had  caused  a  schism  in  the  Church, 
and  given  the  enemies  of  religion  a  great  advantage ;  so  in 
this  Assembly  they  had  not  only  joined  in  love  among  them- 
selves, which  is  the  main  point  of  religion,  but  also  had  taken 
a  solid  course  for  the  repressing  of  popery  and  superstition ; 
that  he  did  allow  all  their  petitions,  and  would  give  order 
for  a  convention  which  should  ratify  the  conclusions  of  the 
Assembly ;  assuring  them  that  the  Church,  keeping  that 
course,  should  never  lack  his  patrociny  and  protection." 

Letters  were  immediately  directed  to  publish  his  majesty's 
acceptation  of  the  Assembly's  proceedings,  and  the  council 
joined  to  commit  the  marquis  of  Huntly  in  the  Castle  of 
Stirling,  the  earl  of  Angus  in  the  Castle  of  Edinburgh,  and 
the  earl  of  Erroll  in  Dumbarton.  A  convention  was  likewise 
indicted  at  Edinburgh  the  sixth  of  December,  which  was 
afterward  prorogued  to  the  twenty-seventh  of  January. 
The  archbishop  of  Glasgow  was  in  the  raeantiu^e  sent  home 
to  inform  the  council  concerning  Balmcrino  his  business,  and 
how  these  matters  had  been  carried  in  England. 

This  report  made,  the  chancellor,  who  had  been  much 
ruled  by  the  secretary,  was  greatly  afraid,  as  suspecting  the 
'  [See  Note  at  the  end  of  this  Book. — E.] 


A.  D.   1609.]  CHURCH  OF  SCOTLAND.  201 

next  assault  should  have  been  made  upon  himself.  But  the 
king,  who  knew  his  disposition,  and  expected  that  the  chan- 
celloi*  would  carry  himself  more  advisedly,  especially  in  the 
matters  of  the  Church,  the  secretary  being  gone,  did  haste 
the  earl  of  Dunbar  home  with  a  Avarrant  to  receive  the 
chancellor  in  the  number  of  the  councillors  of  England,  and 
therewith  appointed  him  commissioner  together  with  Dunbar 
in  the  convention  of  estates  :  all  which  was  done  to  make  it 
seem  that  his  credit  was  no  way  diminished  with  his  majesty. 

In  this  convention  divers  statutes  were  made  in  favours  of 
the  Church.  As  first,  that  noblemen,  sending  their  sons  forth 
of  the  country,  should  direct  them  to  places  where  the 
reformed  religion  was  professed,  at  least  where  the  same 
was  not  restrained  by  the  inquisition ;  and  that  the  peda- 
gogues sent  to  attend  them  should  be  chosen  by  the  bishop 
of  the  diocese :  wherein  if  they  should  happen  to  transgress, 
the  nobleman,  being  an  earl,  should  incur  the  pain  of  four 
thousand  pounds  ;  if  he  was  a  lord,  five  thousand  marks,  and 
if  a  baron,  three  thousand  marks.  And  if  their  sons  should 
happen  to  decline  from  the  true  religion,  that  their  parents 
should  Avithdraw  all  entertainment  from  them,  and  find 
surety  to  that  effect. 

That  the  bishop  of  the  diocese  should  give  up  to  the 
treasurer,  controller,  collector,  and  their  deputies,  the  names 
of  all  persons  excommunicated  for  religion,  to  the  end  they 
might  be  known ;  and  that  no  confirmations,  resignations, 
nor  infeftments  should  be  granted  to  any  contained  in  that 
roll. 

That  the  Director  of  the  Chancery  should  give  forth  no 
briefs,  retours,  precepts  of  rctours,  nor  precepts  upon  com- 
prisement,  till  they  produced  the  bishop's  testificate  of  their 
absolution  and  obedience;  and  that  it  should  be  lawful  to 
superiors  and  lords  of  regalities  to  refuse  the  entry  of  all 
such  to  their  lands  by  precepts  of  dare  constat,  or  any  other 
way. 

Lastly,  that  persons  excommunicated  for  not  conforming 
themselves  to  the  rehgion  presently  professed,  should  neither 
in  their  own  names,  nor  covertly  in  name  of  any  other,  enjoy 
their  lands  or  rents,  but  that  the  same  should  be  intromitted 
with  and  uplifted  to  his  majesty's  use. 

These  were  the  acts  concluded  touching  religion.     For 


202  THE  HISTORY  OF  THE  [a.  D.   1600. 

the  punishment  of  rapes,  which  was  grown  as  then  too  com- 
mon, liis  majesty  by  a  special  letter  did  recommend  to  tho 
estates  some  overtures  for  restraining  such  violences.  As  if 
any  widow,  woman,  or  maid  should  be  forced  and  abused 
against  her  will,  the  crime  should  be  capital,  and  not  purged 
by  the  subsequent  consent  of  the  woman. 

In  like  manner  if  any  woman  should  be  taken  away,  albeit 
no  farther  injury  was  done,  and  she  relieved  either  by  her 
friends  or  by  the  magistrate,  or  by  whatsoev^^r  means,  the 
only  violence  intended  should  be  punished  by  death,  in 
regard  the  party  had  endeavoured  to  do  his  worst. 

And  for  those  that  did  entice  any  woman  to  go  away  with- 
out their  parent's  or  tutor's  consent,  that  they  should  be 
secluded  from  any  part  of  the  goods  or  lands  belonging  to 
the  woman  so  enticed.  Some  other  acts  for  the  public  good 
of  the  kingdom  were  passed  at  the  same  time,  neither  was  it 
remembered  that  in  any  one  convention  so  much  good  of  a 
long  time  was  done  as  in  this. 

In  the  beginning  of  February  the  secretary  was  brought 
to  Edinburgh  and  delivered  to  the  magistrates,  who  received 
him  at  the  Nether  Port,  and  conveyed  him  as  a  prisoner  to 
the  lodging  that  was  appointed.  A  great  gazing  there  was 
of  people,  which  troubled  him  not  a  little,  as  he  showed  by 
his  countenance.  The  next  day  he  was  delivered  to  the 
Lord  Scone,  who  with  a  g-uard  of  horse  did  convey  him  to 
the  prison  of  Falkland :  there  he  remained  till  the  tenth  of 
March,  and  was  at  that  time  taken  to  St  Andrews  to  abide 
his  trial.  With  the  Justice  there  sat  as  assessors  the  earls  of 
Dunbar,  Montrose,  and  Lothian,  the  lord  privy-seal,  the 
collector,  and  clerk-register. 

His  indictment  was  to  this  eiFcct;  "That  in  the  year 
1598,  by  the  instigation  of  his  cousin  Sir  Edward  Drummond, 
a  professed  papist,  he  had  stolen  and  surreptitiously  pur- 
chased his  majesty's  hand  to  a  letter  written  by  the  said  Sir 
Edward,  and  directed  to  Pope  Clement  the  Eighth,  in  fiivour 
of  the  bishop  of  Vaison,  for  the  said  bishop's  preferment  to 
the  dignity  of  a  cardinal ;  and  that,  notAvithstanding  the 
many  denials  the  king  gave  him  in  that,  business,  he  had 
treasonably  conspired  with  the  -said  Sir  Edward  to  deceive 
and  abuse  his  majesty,  shuffling  in  a  letter  among  others  that 
wei-e  to  be  signed,  and  filling  it  up  after  it  was  signed,  with 


A.   D.   1609.]  CHURCH  OF  SCOTLAND.  203 

the  styles  and  titles  usually  given  to  the  pope,  had  sealed 
the  letter  with  his  majesty's  signet,  the  keeping  whereof  was 
intrusted  to  him  by  virtue  of  his  office ;  and  in  so  doing  had 
most  undutifully  and  treasonably  behaved  himself,  to  the 
endangering  of  his  majesty's  honour,  life,  crown,  and  estate, 
and  to  the  subversion  of  true  religion  and  the  whole  pro- 
fessors thereof." 

Upon  the  reading  of  the  indictment  he  was  inquired  if  he 
would  use  any  friends  or  advocates  to  speak  in  his  defence, 
as  the  order  of  the  court  did  allow  him.  His  answer  was, 
"  That  he  stood  never  in  so  great  need  of  a  prolocutor,  the 
matter  concerning  his  life,  estate,  and  all  that  he  possessed 
in  this  world  ;  yet  he  had  chooscd  to  keep  silence,  and  not  to 
employ  either  friends  or  advocates,  the  offence  he  had  com- 
mitted being  such  as  could  admit  no  defence ;  for  howsoever 
he  conceived  that  the  keeping  of  intelligence  with  the  pope 
might  advance  his  majesty's  succession  to  the  crown  of 
England,  yet  knowing,  as  he  did,  his  majesty's  resolution 
never  to  use  any  such  crooked  course,  but  to  rest  upon  God's 
providence  and  his  own  right,  it  did  not  become  him  to  have 
meddled  in  a  matter  of  that  importance.  Therefore  did  he 
entreat  all  gentlemen  and  others  that  were  present  to  bear 
witness  of  his  confession,  and  the  true  remorse  he  had  for 
the  offence  committed,  which  he  esteemed  so  great,  as  neither 
his  lands,  nor  life,  nay  nor  twenty  thousand  lives  such  as  his 
could  repair.  Only  two  things  he  asked  liberty  to  protest. 
One  was,  that  he  never  intended  to  work  an  alteration  of 
religion,  or  a  toleration  of  the  contrary,  the  thing  he  had 
done  being  a  mere  worldly  course,  whereby  he  judged  some 
good  might  have  been  wrought  at  the  time.  Next  he  pro- 
tested, that  neither  the  love  of  gain  nor  hope  of  commodity 
had  led  him  on,  having  never  received  nor  expected  benefit 
from  any  prince  living  (his  master  the  king  only  excepted), 
but  an  opinion  he  foolishly  conceived  that  he  might  that  way 
promove  his  master's'  right."  In  end  he  said,  "  that  he 
would  not  make  the  Judges  any  more  business ;  that  he  had 
confessed  the  truth,  and,  as  he  wished  God  to  be  merciful  to 
his  soul  in  that  great  day,  his  majesty  was  most  falsely  and 
wrongfully  charged  with  the  writing  of  that  letter  to  the 
pope,  and  that  he  never  could  move  him  to  consent  thereto." 

The  jury  was  then  called,  and  the  persons  following  sworn 


204  THE  HISTORY  of  the  [a.  d.  1609. 

in  face  of  court :  David  carl  of  Crawford,  George  earl  INIar- 
shal,  Jolin  earl  \Yigton,  Patrick  earl  of  Kinghorn,  John 
earl  of  Tullibardiiie,  Alban  lord  Catlicart,  John  lord  Saltoun, 
David  lord  Scone,  Alexander  lord  Garlics,  William  master 
of  Tullibardine,  Sir  James  Douglas  of  Drumlanrig,  Sir  Robert 
Gordon  of  Lochinvar,  Sir  William  Livingstone  of  Kilsyth,  Sir 
John  Houston  of  that  Ilk,  and  Sir  Patrick  Home  of  Pohvarth. 
These  going  apart,  returned  after  a  short  space  into  the  court, 
and  by  the  mouth  of  the  earl  of  JNIarshal  pronounced  "  James 
lord  Pialmcrino  to  be  guilty  of  treasonable,  surreptitious, 
fraudulent,  and  false  stealing  of  his  majesty's  hand  to  the 
letter  specified  in  the  indictment,  without  his  majesty's 
knowledge  and  contrary  to  his  will  declared ;  as  also  of  the 
treasonable  affixing  of  his  majesty's  signet  to  the  said  letter ; 
and  of  assisting  known  and  professed  papists  in  their  treason- 
able courses,  to  the  danger  of  religion,  the  overthrow  of  the 
true  professors  thereof,  and  drawing  of  his  majesty's  life, 
estate,  and  right  of  succession  to  the  crown  of  England  in 
most  extreme  peril ;  besides  the  bringing  of  most  false  and 
scandalous  imputations  upon  his  majesty  as  well  in  rehgion 
as  honour;  and  of  art  and  part  of  the  whole  treasonable 
crimes  contained  in  the  said  indictment." 

The  king  being  advertised  of  his  conviction  (for  so  he  had 
commanded  before  any  doom  should  be  pronounced),  by  a 
warrant  directed  to  the  Justice  he  was  brought  again  to 
Edinburgh,  and  in  a  justice  court,  kept  the  first  of  April, 
decerned  to  be  taken  to  the  place  of  execution,  and  there  to 
have  his  head  cut  off,  his  lands,  heritages,  lordships,  baronies, 
tacks,  steadings,  rooms,  possessions,  offices,  benefices,  corns, 
cattle,  to  be  forfeited  and  escheated  to  his  majesty's  use,  as 
beins  convicted  of  the  aforesaid  treasonable  crimes.  His  life, 
upon  the  queen's  intercession,  was  spared,  and  he  returned 
to  his  prison  in  Falkland,  where  he  abode  some  months  : 
being  thereafter  licensed  to  go  unto  his  house  in  Balmerino, 
he  died,  as  was  thought,  of  grief  and  sorrow.  A  man  of 
abilities  sufficient  for  tlie  places  he  enjoyed  in  session  and 
council ;  but  one  that  made  small  conscience  of  his  doings, 
and  measured  all  things  according  to  the  gain  he  made  by 
them.  The  possessions  he  acquired  of  the  Church  kept  him 
still  an  enemy  unto  it,  for  he  feared  a  repetition  should  bo 
made  of  those  livings  if  ever  the  clergy  did  attain  unto 


A.  D.  IGIC]  CHURCH  or  SCOTLAND.  205 

credit.  Not  lono'  before  he  fell  in  his  trouble  the  kino-  had 
ciiiplojed  him  to  deal  with  the  lords  of  session,  among  whom 
he  carried  a  great  sway,  for  restoring  the  ecclesiastical 
jurisdiction  to  the  bishops;  but  he  taking  ways,  that  he 
thought  should  not  have  been  perceived,  to  disappoint  the 
errand,  drew  upon  himself  the  king's  displeasure,  and  fared 
nothing  the  better  because  of  his  miscarriage  in  that  business, 
when  this  occasion  was  otfered.  It  is  not  for  those  that  serve 
princes,  and  are  trusted  by  them  in  the  greatest  affiiirs,  to 
deal  deceitfully  with  their  masters ;  for  seldom  have  any 
taken  that  course,  and  have  not  in  the  end  found  the  smart 
thereof. 

A  parliament  was  this  year  kept  at  Edinburgh  the  twenty- 
fourth  of  June,  the  Earl  Marshal  being  commissioner  for  the 
king ;  wherein  the  acts  concluded  in  the  preceding  conven- 
tion were  ratified,  the  jurisdiction  of  commissariats  restored 
to  the  Church,  the  justices  of  peace  ordered  to  be  settled  in 
every  shire,  and  a  statute  made  for  the  apparel  of  judges, 
magistrates,  and  churchmen,  which  were  all  remitted  to  his 
majesty's  appointment.  Patterns  accordingly  were  sent 
from  London,  not  long  after,  for  the  apparel  of  the  lords  of 
sessions,  the  justice,  other  inferior  judges,  for  advocates, 
lawyers,  commissars,  and  all  that  lived  by  practice  of  law  ; 
and  command  given  to  every  one  whom  the  statutes  con- 
cerned, to  provide  themselves  of  the  habits  prescribed,  within 
a  certain  space,  under  the  pain  of  rebellion.  Such  was  the 
king's  care  to  have  those  who  were  in  public  charge  held  in 
due  respect,  and  dignosced  whithersoever  they  came. 

The  king  by  his  letters  was  now  daily  urging  the  bishops 
to  take  upon  them  the  administration  of  all  Church  aff;iirs ; 
and  they  unwilling  to  make  any  change  without  the  know- 
ledge and  approbation  of  the  ministers,  an  Assembly  to  this 
effect  was  appointed  to  hold  at  Glasgow  the  sixth,  eighth,  of 
June.  The  earl  of  Dunbar,  Sir  John  Preston,  president  of  the 
session,  and  Sir  Alexander  Hay,  secretary  (which  two  had 
succeeded  to  Balmerino  his  places),  being  commissioners  for 
the  king,  the  archbishop  of  Glasgow  was  elected  to  preside. 
There  a  proposition  was  made  by  the  commissioners  of 
certain  points  of  discipHno  which  his  majesty  craved  to  be 
determined,  "  That  all  things  might  be  done  thereafter 
orderly  in  the  Church,  and  with  that  consent  and  harmony 


20G  THE  HISTORY  OF  THE  [a.  D.  1610. 

which  was  fitting  among  preachers."  Some  three  days 
being  spent  in  reasoning,  at  last  the  concUisions  following 
were  enacted : — 

1.  The  Assembly  did  acknowledge  the  indiction  of  all  such 
general  meetings  of  the  Church  to  belong  to  his  majesty  by 
the  prerogative  of  his  crown,  and  all  convocations  in  that 
kind  without  his  license  to  be  merely  unlawful,  condemning 
the  conventicle  of  Aberdeen  made  in  the  year  1G05,  as 
having  no  warrant  from  his  majesty,  and  contrary  to  the 
prohibition  he  had  given. 

2.  That  synods  should  be  kept  in  every  diocese  twice  in 
the  year,  viz.  in  April  and  October,  and  be  moderated  by 
the  archbishop  or  bishop  of  the  diocese ;  or  where  the 
dioceses  are  so  large  as  all  the  ministers  cannot  conveniently 
assemble  at  one  place,  that  there  be  one  or  more  had,  and  in 
the  bishop's  absence,  the  place  of  moderation  supplied  by  the 
most  worthy  minister  having  charge  in  the  bounds,  such  as 
the  archbishop  or  bishop  shall  appoint. 

3.  That  no  sentence  of  excommunication,  or  absolution 
from  the  same,  be  pronounced  against  or  in  favour  of  any 
person,  without  the  knowledge  and  approbation  of  the  bishop 
of  the  diocese,  who  must  be  answerable  unto  God  and  his 
majesty  for  the  formal  and  impartial  proceeding  thereof. 
And  the  process  being  found  formal,  that  the  sentence  be 
pronounced  at  the  bishop's  direction  by  the  minister  of  the 
parish  where  the  offender  hath  his  dwelling,  and  the  process 
did  first  begin. 

4.  That  all  presentations  in  time  coming  be  directed  to 
the  archbishop  or  bishop  of  the  diocese,  within  which  the 
benefice  that  is  void  lieth,  with  power  to  the  archbishop  or 
bishop  to  dispone  or  confer  the  benefices  that  arc  void  within 
the  diocese  after  the  lapse,  jure  devoluto. 

5.  That  in  the  deposition  of  ministers  upon  any  occasion, 
the  bishop  do  associate  to  himself  some  of  the  ministers 
within  the  bounds  where  the  delinquent  serveth,  and, 
after  just  trial  of  the  fact  and  merit  of  it,  pronounce  the 
sentence  of  deprivation.  The  like  order  to  be  observed 
in  the  suspension  of  ministers  from  the  exercise  of  tlicir 
function. 

6.  That  every  minister  at  his  admission  swear  obedience 


f 


A.  D.  1610.]  CHURCH  OF  SCOTLAND.  207 

to  his  majesty  and  to  his  ordinary,  according  to  the  form 
agreed  upon  anno  1571. 

7.  That  the  visitations  of  the  diocese  be  made  by  the 
bishop  himself,  and  if  the  bounds  be  greater  than  he  can 
well  overtake,  by  such  a  worthy  man  of  the  ministry,  witliin 
the  diocese,  as  he  shall  choose  to  visit  in  his  place.  And 
"whatsoever  minister  ■v;ithout  just  cause  or  lawful  excuse  shall 
absent  himself  from  the  visitation  or  diocesan  assembly,  be 
suspended  from  his  office  and  benefice ;  and  if  he  do  not 
amend,  be  deprived. 

8.  That  the  convention  of  ministers,  for  exercise,  be 
moderated  by  the  bishop  being  present,  and  in  his  absence 
by  any  minister  that  he  shall  nominate  in  his  synod. 

9.  And  last  it  was  ordained,  that  no  minister  should  speak 
against  any  of  the  foresaid  conclusions  in  public,  nor  dispute 
the  question  of  equality  or  inequahty  of  ministry,  as  tending 
only  to  the  entertainment  of  schism  in  the  Church,  and 
violation  of  the  peace  thereof. 

These  conclusions  taken,  it  was  complained  in  behalf  of 
the  moderators  of  presbyteries,  who  had  served  since  the 
year  1G06,  "  That  notwithstanding  of  the  promise  made  at 
their  accepting  of  the  charge,  they  had  received  no  payment 
at  all  of  the  stipend  allowed."  Which  the  earl  of  Dunbar 
excused  by  his  absence  forth  of  the  country,  affirming,  "  That 
unto  th.at  time  there  was  never  any  motion  made  thereof  to 
liim,  and  that  before  the  dissolving  of  that  Assembly  he 
should  cause  satisfaction  to  be  given  to  them  for  the  time 
past,"  declaring  withal,  "  That  seeing  order  was  taken  for  the 
moderation  of  presbyteries  in  time  coming,  his  majesty's 
treasurer  should  not  be  any  farther  burdened  with  that  pay- 
ment." The  ministers,  therein  remitting  themselves  to  his 
majesty's  good  pleasure,  gave  his  lordship  thanks  for  that  he 
had  offered ;  which  he  did  also  see  performed,  some  five 
thousand  pounds  Scots  being  distributed  by  the  treasurer's 
servants  among  those  that  had  borne  the  charge.  Certain  of 
the  discontented  did  interpret  it  to  be  a  sort  of  corruption, 
giving  out,  '•'  That  this  was  done  for  obtaining  the  ministers' 
voices;"  howbeit  the  debt  was  known  to  be  just,  and  that 
no  motion  was  made  of  that  business  before  the  foresaid  con- 
clusions were  enacted. 


208  THE  HISTORY  OF  THE  [.A.  D,  IGIO. 

In  this  Assembly  a  supplication  was  presented  in  the 
names  of  the  marquis  of  Huntly  and  the  two  earls  of  Angus 
and  Erroll  for  their  absolution,  and  a  commission  given  to 
that  effect  upon  their  satisfaction,  they  subscribing  the  Con- 
fession of  Faith,  and  swearing  to  continue  in  the  profession 
of  the  religion  presently  established.  The  marquis  of  Huntly 
was  at  that  time  confined  in  Stirling,  and  to  him  were  the 
archbishop  of  Glasgow,  the  bishops  of  Caithness  and  Orkney 
directed.  They  found  him  not  unwilling  to  subscribe  the 
Confession  of  Faith  and  make  satisitiction  for  his  apostasy, 
but  in  regard  of  his  many  relapses  did  not  judge  it  fitting  to 
absolve  him  ;  wherefore  they  gave  order  that  he  should  confer 
with  Mr  Patrick  Sin)pson,  the  minister  of  the  town,  a  learned 
and  moderate  man,  that  so  he  might  subscribe  with  know- 
ledge, and  resolution  not  to  fall  back.  In  the  December 
following,  having  professed  himself  resolute  in  all  points,  he 
was  liberated  from  his  confinement  at  Stirling,  and  licensed 
to  go  home  to  Strathbogie. 

With  the  earl  of  Erroll  the  difficulty  was  greater ;  for 
when,  in  a  public  meeting  of  the  council  within  the  Castle  of 
Edinburgh,  he  had  professed  his  conformity  in  every  point 
of  religion,  and  made  offer  to  subscribe,  the  very  night  after 
he  fell  in  such  a  trouble  of  mind  as  he  went  near  to  have 
killed  himself.  Early  in  the  morning,  the  arclibishop  of 
Glasgow  beino;  called,  he  confessed  his  dissimulation  with 
many  tears ;  and  beseeching  them  that  were  present  to  bear 
witness  of  his  remorse,  was  hardly  brought  to  any  settling 
all  that  day.  Tlie  nobleman  was  of  a  tender  heart,  and  of 
all  that  I  have  known  the  most  conscientious  in  his  profes- 
sion ;  and  thereupon  to  his  dying  was  used  by  the  Church 
with  greater  lenity  than  were  ethers  of  that  sect. 

The  earl  of  Angus,  who  lived  confined  at  Glasgow,  took 
another  course,  and,  upon  license  obtained  from  his  majesty, 
went  to  France,  where  he  might  enjoy  the  exercise  of  his 
religion  with  liberty,  and  died  at  Paris  in  a  voluntary 
banishment  some  years  after. 

Shortly  after  the  Assembly  dissolved,  the  archbishop  of 
Glasgow  was  called  to  court,  and  commanded  to  bring  with 
him  two  others  such  as  he  thought  fitting.  The  archbishop, 
taking  with  him  the  bishops  of  Brechin  and  Galloway,  came 
to  court  in  the  midst  of  September.     At  their  first  audience 


A.  D.  1610.]  CHURCH  OF  SCOTLAND.  209 

the  king  declared  what  the  business  was  for  which  he  had 
called  them,  speaking  to  this  purpose ;  "  That  he  had  to  his 
great  charge  recovered  the  bishoprics  forth  of  the  hands  of 
those  that  possessed  thenij  and  bestowed  the  same  upon  such 
as  he  hoped  should  prove  worthy  of  their  places :  but  since 
he  could  not  make  them  bishops,  nor  could  they  assume  that 
honour  to  themselves,  and  that  in  Scotland  there  was  not  a 
sufficient  number  to  enter  them  to  their  charge  by  consecra- 
tion, he  had  called  them  to  England,  that  being  consecrated 
themselves  they  might  at  their  i-eturn  give  ordination  to 
those  at  home,  and  so  the  adversaries'  mouths  be  stopped, 
who  said  that  he  did  take  upon  him  to  create  bishops,  and 
bestow  spiritual  offices,  which  he  never  did  nor  would  he  pre- 
sume to  do,  acknowledging  that  authority  to  belong  to  Christ 
alone,  and  those  whom  he  had  authorized  with  his  power." 

The  archbishop  answering  in  the  name  of  the  rest,  "  That 
they  were  willing  to  obey  his  majesty's  desire,  and  only 
feared  that  the  church  of  Scotland,  because  of  old  usurpa- 
tions, might  take  this  for  a  sort  of  subjection  to  the  church 
of  England."  The  king  said,  *'  That  he  had  provided  suffi- 
ciently against  that;  for  neither  should  the  archbishop  of 
Canterbury  nor  York,  who  were  the  only  pretenders,  have 
hand  in  the  business,  but  consecration  should  be  used  by  the 
bishops  of  London,  Ely,  and  Bath."  The  Scotch  bishops 
thanking  his  majesty  for  the  care  he  had  of  their  Church, 
and  professing  their  willingness  to  obey  what  he  would 
command,  the  twenty-first  of  October  was  appointed  to  be 
the  time,  and  the  chapel  of  London-house  the  place  of  con- 
secration. 

A  question  in  the  meantime  was  moved  by  Dr  Andrews, 
bishop  of  Ely,  touching  the  consecration  of  the  Scottish 
bishops,  who,  as  he  said,  "  must  first  be  ordained  presbyters, 
as  having  received  no  ordination  from  a  bishop."  The  arch- 
bishop of  Canterbury,  Dr  Bancroft,  who  was  by,  maintained 
"  that  thereof  there  was  no  necessity,  seeing  where  bishops 
could  not  be  had,  the  ordination  given  by  the  presbyters 
must  be  esteemed  lawful ;  otherwise  that  it  might  be  doubted 
if  there  were  any  lawful  vocation  in  most  of  the  reformed 
Churches,"  This  applauded  to  by  the  other  bishops,  Ely 
acquiesced,  and  at  the  day  and  in  the  place  appointed  the 
three  Scottish  bishops  were  consecrated. 

VOL,  III.  14 


210  THE  HISTORY  OF  THE  [a.  D.   1610. 

At  the  same  time  did  the  king  institute  a  high  commission 
in  Scotland  for  the  ordering  of  causes  ecclesiastical,  and 
therewith  sent  to  the  clergy  the  directions  following : — 

1.  That  every  particular  matter  should  not  be  brought  at 
first  before  the  high  commission,  nor  any  thing  moved 
unto  it,  except  the  same  was  appealed  unto,  or  complained 
by  one  of  the  bishops  as  a  thing  that  could  not  be  rectified 
in  their  dioceses ;  or  then  some  enormous  offence  in  the 
trial,  Avhereof  the  bishops  should  be  found  too  remiss. 

2.  That  every  archbishop  and  bishop  should  make  his 
residence  at  the  cathedral  church  of  his  diocese,  and 
labour  so  far  as  they  could,  and  were  able,  to  repair  the 
same. 

3.  That  all  archbishops  and  bishops  be  careful  in  visitation 
of  their  dioceses,  and  every  third  year  at  least  take  inspec- 
tion of  the  ministers,  readers,  and  others  serving  cure  within 
their  bounds. 

4.  That  every  archbishop  visit  his  province  every  seven 
years  at  least. 

5.  Whereas  there  be  in  sundry  dioceses  some  churches 
belonging  to  other  bishops,  that  care  be  taken  to  exchange 
the  churches  one  with  another,  that  all  the  dioceses  may 
lie  contigue,  if  possibly  the  same  may  be  performed.  As 
likewise  in  regard  some  dioceses  are  too  large,  and  others 
have  a  small  number  of  churches,  scarce  deserving  the 
title  of  a  diocese,  that  a  course  be  taken  for  enlarging  the 
same  in  a  reasonable  proportion,  by  uniting  the  nearest 
churches  of  the  greater  diocese  thereto. 

6.  That  the  convention  of  ministers  for  the  exercise  of 
doctrine  exceed  not  the  number  of  ten  or  twelve  at  most, 
and  over  them  a  moderator  placed  by  the  ordinary  of  the 
diocese  where  the  said  conventions  are  licensed,  with 
power  to  call  before  them  all  scandalous  persons  witliin 
that  precinct,  and  censure  and  correct  offenders  according 
to  the  canons  of  the  Church :  yet  are  not  these  moderators 
to  proceed  in  any  case  cither  to  excommunication  or  sus- 
pension, without  the  allowance  of  the  ordinary.  And  if  it 
shall  be  tried  that  these  ministers  do  usurp  any  farther 
power  than  is  permitted,  or  carry  themselves  unquietly 
either  in  teaching  or  otherwise  at  these  meetings,  in  that 


A.  D.  1610.]  CHURCH  OF  SCOTLAND.  211 

case  the  bishop  shall  discharge  the  meeting,  and  censure 
the  offenders  according  to  the  quality  of  their  ftiult. 

7.  Considering  that  laic  elders  have  neither  warrant  in  the 
word,  nor  example  of  the  primitive  Church,  and  that  not 
the  less  it  is  expedient  that  some  be  appointed  to  assist 
the  minister  in  repairing  the  fabric  of  the  church,  provid- 
ing elements  to  the  holy  communion,  and  collecting  the 
contributions  for  the  poor,  with  other  such  necessary 
services  ;  the  minister  is  to  make  choice  of  the  most  wise 
and  discreet  persons  in  the  parish  to  that  effect,  and  pre- 
sent their  names  to  the  ordinary,  that  his  approbation  may 
be  had  thereto. 

8.  That  the  minister  of  the  parish  be  authorized  to  call 
before  him  and  his  associates  so  allowed,  all  pubHc  and 
notorious  offenders,  and  enjoin  the  satisfaction  according 
to  the  canons  of  the  Church ;  or,  if  they  bo  obstinate  and 
contumacious,  delate  their  names  to  the  bishop,  that  order 
may  be  taken  with  them. 

9.  That  no  minister  be  admitted  without  an  exact  trial  pre- 
ceding, and  imposition  of  hands  used  in  their  ordination  by 
the  bishop  and  two  or  three  ministers  whom  he  shall  call 
to  assist  the  action  :  and  to  the  end  an  uniform  order  may 
be  kept  in  the  admission  of  •  ministers,  that  a  form  thereof 
may  be  imprinted  and  precisely  followed  of  every  bishop. 

10.  That  the  election  of  bishops  shall  in  tirhe  coming  be 
■made  according  to  the  conference  anno  1571,  and  whilst 
the  bishopric  remaineth  void,  the  dean  of  the  chapter  be 
vicarius  in  omnibus  ad  episcopatum  pertinentibus,  and 
have  the  custody  of  the  living  and  rents,  till  the  same  be 
of  new  provided. 

11.  That  the  dean  of  every  chapter  convene  the  members 
thereof  once  at  least  in  the  year,  and  take  order  that 
nothing  pass  except  they  be  capitulariter  congregati ;  and 
that  a  register  be  made  of  every  thing  done  by  the  arch- 
bishop or  bishop  in  the  administration  of  the  rents,  and 
kept  safely  in  the  chapter-house. 

12.  That  when  it  shall  be  thought  expedient  to  call  a 
General  Assembly,  a  supplication  be  put  up  to  his  majesty 
for  license  to  convene ;  and  that  the  said  Assembly  consist 
of  bishops,  deans,  archdeacons,  and  such  of  the  ministry  as 
shall  be  selected  by  the  rest. 


212  THE  HISTORY  OF  THE  [a.  D.  IGIO. 

13,  And  because  there  hath  been  a  general  abuse  in  that 
Church,  that  youths,  having  passed  their  course  in  philo- 
sophy, before  they  have  attained  to  the  years  of  discretion, 
or  received  lawful  ordination  by  imposition  of  hands,  do 
engire  themselves  to  preach  ;  that  a  strict  order  be  taken 
for  restraining  all  such  persons,  and  none  permitted  but 
those  that  have  received  orders  to  preach  ordinarily  and 
in  public. 

These  directions,  being  exhibited  to  the  bishops  and  some 
principals  of  the  clergy  convened  with  them  at  Edinburgh 
in  February  next,  were  approved  of  all ;  and  at  the  same 
time  was  the  high  commission  published,  to  the  great  discon- 
tent of  those  that  ruled  the  estate ;  for  that  they  took  it  to 
be  a  restraint  of  their  authority  in  matters  ecclesiastical,  nor 
did  they  like  to  see  clergymen  invested  with  such  a  power. 

The  king,  no  less  careful  to  have  all  things  ordered  rightly 
in  the  estate,  did  presci-ibe  the  number,  attendants,  and 
manner  of  proceeding  which  the  council  should  keep  in  their 
meetings.  As,  "  that  the  number  should  not  exceed  thirty, 
and  seven  at  least  be  present  in  every  meeting.  That  at 
their  admission  they  should  take  the  oath  of  allegiance  and 
swear  fidelity  and  secrecy  in  matters  to  be  communicated 
unto  them.  That  they  should  convene  twice  in  the  week ; 
once  every  Tuesday  for  matters  of  state,  ^and  once  on  the 
Thursday  for  actions.  That  none  should  be  permitted  to 
stay  within  the  council-house  but  the  lords  and  clerks  of  the 
council,  nor  any  solicitations  be  made  within  the  house,  but 
that  all  should  take  their  places  at  their  coming  in,  and  none 
stand  on  foot,  unless  they  be  to  answer  for  themselves,  and 
in  that  case  to  rise  and  stand  at  the  head  of  the  table.  That 
four  days'  absence  of  any  counsellor  in  the  time  of  sitting, 
without  license  from  the  rest,  should  infer  the  loss  of  his 
place.  That  if  any  of  the  number  were  denounced  rebel,  or 
did  not  at  least  once  in  the  year  communicate,  they  should 
be  likewise  excluded.  That  wheresoever  they  remained  or 
happened  to  come,  if  they  should  bo  informed  of  any  trouble 
like  to  arise  betwixt  parties,  they  should  charge  them  to 
keep  the  peace;  and  if  tliey  refused,  they  should  command 
them  to  enter  in  ward  ;  the  disobedience  whereof  should  be 
punished  as  if  the  whole  council  were  disobeyed.     Lastly,  to 


A.  D.  IGll.]  CHURCH  OF  SCOTLAND.  213 

keep  their  persons  and  places  in  the  greater  respect,  they 
were  commanded  in  the  streets  either  to  ride  with  foot- 
clothes  or  in  coaches,  but  not  be  seen  walking  on  foot." 

With  these  directions  a  command  was  given  to  inhibit  by- 
proclamation  any  person  "  to  bear  quarrel  to  another  with 
intention  of  private  revenge,  requiring  those  that  should 
happen  to  be  in  any  sort  injured  to  complain  to  the  ordinary 
judge  within  the  space  of  forty  days  after  the  injury  com- 
mitted, and  insist  for  justice ;  wherein  if  they  should  fail, 
and  yet  be  perceived  to  carry  a  grudge  towards  him  by  whom 
they  Avcre  injured,  they  should  be  called  before  the  council, 
and,  if  they  refused  to  reconcile,  be  punished  as  despisers 
of  the  royal  authority,  and  violators  of  the  public  peace." 

In  the  isles  of  Orkney  and  Zetland  at  this  time  were 
great  oppressions  committed  by  the  earl  thereof,  for  which 
he  was  committed  in  the  castle  of  Edinburgh,  and  the  bishop 
of  Orkney  employed  by  the  council  to  examine  the  particular 
complaints.  This  nobleman,  having  undone  his  estate  by 
riot  and  prodigality,  did  seek  by  unlawful  shifts  to  repair 
the  same,  making  acts  in  his  courts,  and  exacting  penalties 
for  the  breach  thereof:  as,  if  any  man  was  tried  to  have 
concealed  any  thing  that  might  infer  a  pecuniary  mulct,  and 
bring  profit  to  the  earl,  his  lands  and  goods  were  declared 
confiscated ;  or  if  any  person  did  sue  for  justice  before  any 
other  judge  than  his  deputies,  his  goods  were  escheated;  or 
if  they  went  forth  of  the  isle  without  his  license,  or  his 
deputies,  upon  whatsoever  occasion,  they  should  forfeit  their 
moveables ;  and,  which  of  all  his  acts  was  the  most  inhuman, 
he  had  ordained  that  "  if  any  man  was  tried  to  supply  or 
give  relief  unto  ships  or  any  vessels  distressed  by  tempest, 
the  same  should  bo  punished  in  his  person,  and  fined  at  the 
earl  his  pleasure."  These  acts  produced  by  the  complainers, 
and  confessed  by  the  earl  himself,  were  by  the  council 
decerned  unlawful,  and  the  execution  thereof  in  all  times 
thereafter  prohibited. 

The  clan  Gregory,  a  barbarous  and  thievish  race  of  people, 
that  could  by  no  means  be  repressed  nor  reclaimed  from 
their  robberies,  were  at  the  same  time  ordained  to  be  rooted 
forth,  and  the  service  committed  to  the  earl  of  Argyle;  who 
made  some  beginning,  and  presented  certain  of  the  principals 
to  justice  ;  but  the  neglect  of  their  children  and  their  exhibi- 


214  THE  HISTORY  OF  THE  [a.  D.  1011. 

tion  as  was  appointed,  made  them  in  after-times   no  less 
troublesome  to  the  country  than  before.^ 

In  the  end  of  the  yeai-  the  earl  of  Dunbar  departed  this 
life  at  Whitehall ;  a  man  of  deep  -svit,  few  words,  and  in  his 
majesty's  service  no  less  faithful  than  fortunate.  The  most 
difficult  affairs  he  compassed  without  any  noise,  and  never 
returned  when  he  was  employed  without  the  work  performed 
that  he  was  sent  to  do.  His  death  made  a  great  change  in 
our  estate ;  Sir  Robert  Ker,  a  son  of  Farnihcrst,  who  had 
served  the  king  long  in  the  quality  of  a  page,  Avas  then 
grown  powerful  in  court,  carrying  all  things  by  his  credit. 
At  first  the  treasurer's  office,  which  was  in  the  person  of 
Dunbar  whilst  he  lived,  was  trusted  to  certain  commissioners ; 
but  after  a  little  space  tlie  same  was  bestowed  upon  the  said 
Sir  Robert,  and  he  preferred  to  be  earl  of  Somerset.  The 
guard  that  Sir  Vvilliam  Cranston,  a  gentleman  of  great 
worth,  did  command,  and  wherewith  he  had  performed  divers 
notable  services  in  the  borders,  was  taken  from  him,  and 
given  to  Sir  Robert  Ker  of  Ancrum,  Somerset's  cousin.  Sir 
Gideon  Murray,  his  uncle  by  the  mother,  was  made  deputy 
in  the  office  of  treasury  ;  and  Sir  Thomas  Hamilton,  his 
majesty's  advocate,  who  had  married  his  sister,  placed  first 
in  the  office  of  register,  and  afterwards  made  secretary ;  all 
which  was  ascribed  to  Somerset  his  credit.  Yet  these  things 
were  not  ill  taken,  the  last  excepted.  For  Sir  William 
Cranston  being  content  to  resign  his  place,  the  king  in 
remembrance  of  his  good  service  did  prefer  him  to  be  a  lord 
of  pai'liament;  Sir  Gideon  his  abiUties  for  the  service  he 
was  trusted  with  were  known  to  all ;  and  for  the  advocate, 
his  sufficiency  was  undoubted,  only  the  manner  of  his  coming 
to  be  register  was  not  so  well  interpreted.  Sir  John  Skeen 
had  enjoyed  the  place  a  good  many  years,  and  being  grown 
in  age  and  infirm,  thinking  to  get  his  son  provided  to  his 
office,  had  sent  him  to  court  with  a  dimission  of  the  place, 
but  with  a  charge  not  to  use  it,  unless  he  found  the  king 
willing  to  admit  him :  yet  he,  abused  by  some  politic  wits, 
made  a  resignation  of  the  office,  accepting  an  ordinary  place 
among  the  lords  of  session.  The  office  upon  his  resignation 
was  presently  disponed  to  the  advocate,  which  grieved  the 
father  beyond  all  measure.  And  the  case  indeed  was  pitiful 
'  [See  Note  at  the  end  of  this  Book. — E.] 


A.  D.  1612.]  CHURCH  OF  SCOTLAND.  215 

and  much  regretted  by  all  honest  men ;  for  he  had  been  a 
man  much  employed  and  honoured  with  divers  legations, 
which  he  discharged  with  good  credit,  and  now  in  his  age  to 
.  be  circumvented  in  this  sort  by  the  simplicity  or  folly  of  his 
sou,  it  was  held  lamentable.  The  king  being  informed  of 
the  abuse  by  the  old  man's  complaint,  was  very  careful  to 
satisfy  him,  and  to  have  the  son  reconciled  to  his  father, 
which  after  some  travail  was  brought  to  pass  :  yet  so  exceed- 
ing was  the  old  man's  discontent,  as  within  a  few  days  he 
•deceased.  The  office  of  register  was  shortly  after  inter- 
changed with  the  secretary  Sir  Alexander  Hay,  and  he  made 
keeper  of  the  rolls,  the  Lord  Binning  secretary,  and  Sir 
William  Oliphant  received  to  be  his  majesty's  advocate. 

In  the  beginning  of  the  next  year  there  happened  divers 
unhappy  quarrels  betwixt  the  Scotch  and  English  at  court,  which 
was  like  to  have  produced  very  bad  eiFects;  and  nothing  worse 
taken  than  the  slaughter  of  an  English  fencer  by  the  Lord 
Sanquhar's  instigation,  who,  for  an  injury  alleged,  did  hii-e 
one  called  Carleill  to  kill  the  fencer.     This  fact  committed 
in  the  city  of  London,  and  so  near  to  the  king's  court,  caused 
such  a  heartburning  among  the  people,  as  it  was  not  far 
from  breaking  forth  into  a  general  commotion.     But  his 
majesty,  preventing  the  danger,  made  Sanquhar  to  be  ar- 
rested and  brouo'ht  to  his  trial ;  where  beina"  convicted  he 
was  hanged  publicly  at   the   palace-gate   of  Westminster. 
This  act  of  justice  gave  the  English  a  great  content;  nor 
was  the  death  of  the  nobleman  much  regretted  by  his  own 
country  people,  for  he  had  lived  all  his  time  dissolutely,  and 
falling  in  familiarity  Avith  a  base  courtezan  at  Paris,  had  by 
her  a  son  to  whom  he  entailed  his  lands,  intending  to  defraud 
the  lawful  heir.     But  the  king,  taking  the  matter  into  liis 
own  cognition,  did,  by  compromise,  adjudge  the  succession 
m     to  the  just  inheritor,  appointing  a  Httle  portion  to  the  base 
■    son,  who  in  a  short  time  made  away  the  same  prodigally. 
K         Not  long  before,  his  majesty  being  informed  of  a  course 
v    kept  by  the  Church  in  excommunicating  persons  that  were 
^^/ugitives  for  capital  crimes,  sent  to  the  bishops  and  clergy  a 
^Hletter  of  this  tenor. 

"  The  ecclesiastical   censure  of  excommunication,  which 
should   be   inflicted   upon   such   as  having   committed   any 


216  THE  HISTORY  OF  THE  [a.  D.  1612, 

scandalous  offence  arc  contemners  of  the  admonitions  of  the 
Church,  is,  as  we  have  been  informed,  so  for  abused  against 
the  first  institution,  that  we  cannot  sufficiently  marvel  of  the 
proceeding  said  to  be  commonly  used  among  you ;  namely, 
that  liersons  fugitive  for  capital  crimes  being  cited  before 
ecclesiastical  judicatories,  although  it  be  known  that  they 
dare  not  compeir  for  fear  of  their  life,  are  sentenced  as  per- 
sons contumacious,  whereas  the  fear  they  stand  in  ought  in 
reason  to  excuse  their  absence,  since  they  cannot  be  judged 
contemners  of  the  Church  who  upon  just  terrors  are  kept 
back  from  giving  their  personal  appearance.  In  a  late 
treatise  the  Venetian  Padre  Paulo  did  learnedly  confute  the 
sentence  pronounced  by  the  present  pope  against  him  for  his 
not  appearing  to  answer  in  the  cause  of  heresy,  only  upon 
the  just  fear  he  pretended,  and  had  his  appeal  justified  by  all 
indifferent  men  from  the  pope's  sentence  as  abusive.  Your 
proceedings  for  the  manner  is  no  other,  and  by  the  learncdest 
divines  in  these  parts  resembled  to  the  Muscovite's  form,  who, 
if  he  be  offended  with  any  person,  commandeth  him  to  send 
his  head  unto  him  :  just  so  your  citations  are  in  the  foresaid 
case,  which  is  to  will  the  offenders  come  in  and  be  hanged, 
which  were  they  never  so  penitent  is  not  to  be  thought  they 
will  do ;  for  they  will  rather  fall  under  your  censure,  than 
hazard  themselves  in  the  hands  of  the  justice.  This  being 
the  ready  way  to  bring  the  censures  of  the  Church  in  con- 
tempt, our  pleasure  is,  that  hereafter  there  be  no  such  form 
of  proceeding  used  among  you.  Notwithstanding  if  it  shall 
happen  such  offenders  to  obtain  our  pardon,  and  that  the 
fear  they  stand  in  of  their  life  be  removed,  we  mean  not 
but  that  they  should  be  called  before  the  Church,  and  cen- 
sures used  against  those  that  are  impenitent.  Hereof  per- 
suading ourselves  that  you  will  have  care,  and  not  give  way 
to  the  abuse  in  time  coming,  we  bid  you  farewell." 

Upon  the  receipt  of  this  letter,  the  bishops  convening  with 
certain  of  the  clergy,  to  advise  what  course  was  fittest  to  be 
held  in  these  cases,  a  long  reasoning  was  kept,  some  main- 
taining, "  That  the  form  practised  by  the  Church  was  not  to  be 
changed,  they  having  tried  the  good  thereof,  and  that  people 
were  terrified  by  this  means  from  falling  into  these  odious 
crimes."     Others  reasoned,  "  That  the  principal  end  of  all 


A.  D.  1G12.]  CHURCH  OF  SCOTLAND.  217 

church  censures,  especially  of  excommunication,  was  the 
reclaimino;  of  offenders,  and  the  briuoin^  of  them  to  the 
acknowledgment  of  their  sin,  and  that  where  this  principal 
use  had  no  place,  that  other  secondary  ends  ought  not  to  be 
respected ;  and  so  in  case  of  fugitives,  what  could  any  cen- 
sure avail  to  their  reclaiming,  they  not  being  in  place  to 
answer,  or  to  receive  any  admonition  ?  Yea,  and  might  it 
not  fall,  that  by  proceeding  against  men  in  such  case,  men 
truly  sorrowful  for  their  sin  should  be  sentenced,  and  so  the 
persons  bound  by  the  Church  whom  God  hath  loosed  ?  They 
did  therefore  judge  it  more  safe  in  these  cases  to  advertise 
people  of  the  heiuousness  of  the  fact  committed,  warning 
them  to  make  their  own  profit  tliereof,  and  to  forbear  all 
proceeding  against  the  fugitive  person  till  his  condition 
should  be  made  known."  This  turned  to  be  the  resolution 
of  the  whole  number,  and  thereupon  direction  was  given  to 
the  ministers  not  to  intend  or  follow  any  process  against 
fugitives  in  time  comino". 

This  year  the  earl  of  Eglinton  departed  this  life,  who, 
having  no  child  nor  heir-male  to  succeed,  made  a  disposition 
of  his  lands  and  honours  to  Sir  Alexander  Seaton  his  cousin- 
german,  with  a  proviso,  "  That  he  and  his  children  should 
take  the  name  and  use  the  arms  of  the  house  of  Mont- 
gomery." The  king,  who  was  always  most  tender  in  the 
conveyance  of  honours,  being  informed  of  the  disposition 
made  by  the  deceased  earl,  did  by  a  letter  written  to  the 
council  witness  his  displeasure  at  such  alienations ;  showing 
that  howsoever  he  could  not  stay  noblemen  to  dispose  of 
their  lands,  he,  being  the  fountain  of  all  honour  within  his  king- 
doms, would  not  permit  the  same  to  be  sold  or  alienated 
without  his  consent :  and  thereupon  did  inhibit  the  said  Sir 
Alexander  to  use  the  title  of  lord  or  earl,  notwithstanding 
the  disposition  made  to  him.  Some  two  years  after  his 
majesty  was  pleased  to  bestow  the  honour  upon  him,  and  so 
was  he  received  into  the  place  and  honour  formerly  belong- 
ing to  the  house  of  Eglinton. 

In  the  month  of  October  a  parliament  was  kept  at  Edin- 
burgh, the  chancellor  being  commissioner  for  the  king ; 
wherein  the  conclusions  taken  in  the  Assembly  at  Glasgow 
were  ratified,  and  all  Acts  and  constitutions,  especially  the 
Act  made  in  the  parliament  1592,  rescinded  and  annulled,  in 


k 


218  THE  HISTORY  OF  THE  [a.  D.  1G12. 

SO  far  as  they,  or  any  of  them,  or  any  part  of  the  same,  were 
derogatory  to  the  articles  there  concluded. 

In  this  parliament  a  subsidy  was  urged,  and  a  great  con- 
test made  for  the  quantity,  which  was  required  in  a  more 
large  measure  than  in  former  times,  because  of  his  majesty's 
affairs,  especially  for  the  marriage  of  the  Lady  Ehzabeth 
with  the  Palsgrave,  who  in  the  same  month  arrived  in 
Eno-land.  The  poverty  of  the  country,  with  a  fear  that 
what  was  then  granted  should  be  made  a  precedent  for  after- 
times,  was  pretended  by  those  that  withstood  the  motion : 
albeit  the  true  cause  was  known  to  be  the  dislike  that  the 
popish  faction  had  of  the  match,  which  by  all  means  they 
laboured  to  cross :  nor  was  any  more  busy  than  the  Lord 
Burleigh  to  impede  the  subsidy.  He,  being  but  a  little 
before  come  from  court,  did  affirm  that  the  king  in  a  private 
speech  with  him  touching  the  same,  had  said,  "  That  he  re- 
quired no  more  than  was  granted  in  the  parliament  1606," 
and  thereby  made  the  opposition  greater  than  otherwise  it 
would  have  been.  Yet  in  the  end,  after  long  debating,  it 
was  concluded,  that  the  supply  should  be  more  liberal  in 
regard  of  the  present  occasion  than  at  any  time  before. 

The  king  upon  advertiscmeut  of  the  Lord  Burleigh's 
business  gave  order  to  remove  him  from  the  council,  and  to 
inhibit  him  from  coming  any  more  at  court :  which  he 
apprehending  to  be  the  Lord  Scone's  doing,  and  that  he  had 
informed  against  him,  took  so  ill,  as  he  did  send  him  a 
challenge,  and  appeal  him  to  the  combat.  Hereupon  he  was 
committed  in  the  castle  of  Edinburgh,  where  he  remained 
some  two  months ;  thereafter,  upon  tlie  acknowledgment  of 
his  offence,  and  being  reconciled  with  the  Lord  Scone,  he 
was  put  to  liberty. 

In  court  at  this  time  was  great  rejoicing,  and  the  marriage 
of  the  Lady  Elizabeth  with  the  Prince  Palatine  daily  ex- 
pected, when  on  the  sudden  all  was  turned  to  mourning  by 
the  death  of  Prince  Henry,  who  departed  this  life  at  St 
James's  in  the  beginning  of  November.  A  prince  of  ex- 
cellent virtues,  and  all  the  perfections  that  can  be  wished  for 
in  youth.  He  died  at  the  age  of  eighteen  years  and  eight 
months,  greatly  lamented  both  at  home  and  abroad.  The 
council  esteeming  it  their  duty  to  express  their  doleance  for 
that  accident,  made  choice  of  the  chancellor  and  the  arch- 


A.  D.   1613.]  CHURCH  OF  SCOTLAND.  219 

bishop  of  Glasgow  for  that  business.  But  the  king  having 
received  a  hard  information  of  the  chancellor's  carriage  in 
the  late  parliament,  sent  his  servant  William  Shaw  to  dis- 
charge him  from  coming  to  court,  who  encountering  him  at 
]Morpeth  caused  him  to  return.  The  archbishop,  who  was 
no  farther  advanced  than  Berwick,  accompanied  the  chancel- 
lor to  Edinburgh ;  and  after  a  short  stay  there,  as  he  was 
willed,  took  his  journey  again  towards  court,  whither  he 
came  a  little  before  Christmas.  The  nuptiak,  in  regard  of 
the  prince's  death,  were  put  off  to  the  February  following ; 
at  which  time,  the  soi'row  being  a  little  worn  out,  the  same 
were  performed  with  great  solemnity. 

It  was  showed  before  concerning  the  oppressions  of  the 
people  of  Orkney,  that  the  acts  made  by  the  earl  in  his 
courts  were  judged  unlawful,  and  he  discharged  to  put  the 
same  thereafter  in  execution.  Not  the  less  going  on  in  his 
wonted  course,  he  sent  his  base  son  called  Robert  into  the 
country,  in  show  to  uplift  his  rents  and  duties,  but  in  effect 
to  try  and  punish  the  transgressors  of  those  acts  :  whereupon 
new  complaints  being  preferred  to  the  council,  the  king  was 
advised  to  make  purchase  of  Sir  John  Arnot's  right,  to  whom 
the  earl  had  impignorated  his  estate,  as  being  the  only  means 
to  relieve  that  distressed  people  from  his  oppressions ;  the 
bargain  shortly  was  made,  and  the  king  possessed  in  the 
lands.  Sir  James  Stewart,  Captain  James  his  son,  being  made 
chamberlain  and  sheriff  of  the  coujitry.  The  earl  himself 
was  transported  from  Edinburgh  to  the  castle  of  Dumbarton, 
and  had  allowed  to  him  six  shillings  eight  pence  sterling  a- 
day  for  his  entertainment ;  where  he  had  not  long  remained, 
whenas  he  received  advertisement  that  the  castles  of  Kirk- 
wall, Birsay,  and  other  his  houses  in  those  isles  were  all 
rendered  to  the  sheriff.  This  put  him  in  a  great  passion, 
and  many  ways  he  essayed  to  make  an  escape ;  but  finding 
no  possibility,  he  sent  his  base  son,  who  was  lately  returned, 
with  an  express  command  to  take  back  the  houses,  and 
expulse  the  deputy  Mr  John  Finlasou,  whom  the  chamberlain 
had  left  there. 

The  young  man  at  his  coming  to  Orkney  being  assisted 
with  some  loose  people  made  his  first  assault  upon  Birsay, 
expulsing  Bernard  Stewart  the  keeper,  and  placing  a  garri- 
son therein  of  some  thirty  persons.     The  deputy  hearing 


220  TIIK   HISTORY  OF  THE  [a.   D.   IGlo. 

■what  was  done  went  speedily  thither,  charging  them  in  his 
majesty's  name  to  render :  but  they  despising  tlic  charge, 
and  he  not  able  to  force  them,  he  went  from  thence  to  Kirk- 
wall; the  rebels  following  at  his  heels,  compelled. him  in 
like  sort  to  render  the  castle  of  Kirkwall  in  which  he  had 
entered. 

Upon  report  of  this  rebellion,  commission  was  given  to  the 
earl  of  Caithness,  as  lieutenant  for  the  king  in  those  bounds, 
to  recover  the  castles  and  pacify  the  country  ;  which  he  care- 
fully performed.  At  his  tirst  landing,  a  company  of  people, 
to  the  number  of  five  hundred,  who  were  brought  together 
more  out  of  fear  of  the  rebels  than  of  any  desire  to  withstand, 
made  a  countenance  to  resist ;  but  how  soon  they  perceived 
the  earl's  resolution  to  pursue,  they  gave  back,  their  leaders 
flying  to  the  castles,  which  they  meant  to  defend.  This 
they  made  good  some  five  weeks  or  more,  till  the  cannon 
having  beaten  down  a  great  part  of  the  walls,  they  were 
forced  to  yield  themselves  at  discretion.  The  persons  taken 
in  the  castle  were  Robert  Stewart  the  earl's  base  son, 
Archibald  Murray,  Andrew  Martin,  Alexander  Legat,  and 
Thomas  King,  servants  to  the  earl.  These  were  all  trans- 
ported to  Edinburgh,  and  being  convicted  by  a  jury,  were 
hanged  on  a  gibbet  at  the  market-cross.  In  this  siege  the 
lieutenant  lost  four  men  only ;  namely,  WiUiam  Irvine  son 
to  WiUiam  Irvine  of  Saba,  James  Richardson,  Andrew 
Adamson,  and  William  llobinson,  who  were  killed  all  by 
shots  from  the  house ;  many  were  wounded  and  hurt,  but 
thereof  recovered. 

Towards  the  end  of  the  year  Mr  David  Lindsay,  bishop 
of  Ross,  departed  this  life  in  a  great  age,  having  attained  to 
fourscoi'e  and  two  or  three  years ;  a  man  nobly  descended, 
and  a  brother  of  the  house  of  Edzell.  Soon  after  the  Refor- 
mation, returning  from  his  travels  abroad,  he  applied  himself 
to  the  function  of  the  ministry,  and  entering  the  charge  at 
Leith,  continued  therein  to  his  death ;  of  a  peaceable  nature, 
and  greatly  favoured  of  the  king,  to  whom  he  performed 
divei's  good  services,  especially  in  tiie  troubles  he  had  with 
the  Church  ;  a  man  universally  beloved  and  well  esteemed 
of  by  all  wise  men.  His  corpse  was  interred  at  Leith  by 
his  own  direction,  as  desiring  to  rest  with  that  people  on 
whom  he  had  taken  great  pains  in  his  life. 


A.  D.  1614.]  CHURCH  OF  SCOTLAND.  221 

The  earl  of  Orkney  being  brought,  tlie  October  preced- 
ing, from  Dumbarton  to  Edinburgh,  was  in  February  next 
put  to  trial,  where  together  with  the  justice  there  sat  as 
assessors  the  earl  of  Dunfermline,  chancellor,  the  Lord  Bin- 
ing,  secretary,  the  president  Sir  John  Preston,  Sir  Gideon 
Murray,  treasurer-deputy,  Sir  Richard  Cockburn  of  Clark- 
ingtou,  lord  privy-seal,  Sir  John  Cockburn  of  Ormiston, 
justice-clerk,  Sir  Alexander  Hay,  clerk -register,  Sir  William 
Livingstone  of  Kilsyth,  and  Sir  Alexander  Drummond  of 
Medop,  senators  of  the  college  of  justice. 

The  substance  of  the  indictment  was,  "  That  he  had  caused 
his  base  son  to  surprise  the  castle  of  Kirkwall,  with  the 
steeple  of  the  church,  the  place  called  the  yards,  and  house 
of  Birsay ;  that  he  had  incited  the  people  to  rebellion,  and 
detained  the  said  castles  and  houses  treasonably  after  he 
was  charged  to  render  the  same."  His  prolocutors  were 
Mr  Alexander  King,  Mr  Thomas  Nicolson,  and  Mr  Alex- 
ander Forbes,  lawyers,  all  of  good  esteem ;  the  chief  defence 
they  used  was  a  denial  of  the  libel.  The  advocate  producing 
the  confession  of  his  base  son  and  those  that  were  executed 
with  hira,  together  with  some  missive  letters  written  by  one 
John  Sharpe  at  his  direction  for  the  detaining  of  the  castle 
of  Kirkwall,  and  a  charter  of  certain  lands  gifted  by  him  to 
Patrick  Halcro  for  assisting  the  rebels,  the  justice  remitted 
the  verity  of  the  indictment  to  the  assize. 

The  persons  chosen  thereupon  were  James  earl  of  Glen- 
came,  George  earl  of  Winton,  John  earl  of  Perth,  Robert 
earl  of  Lothian,  William  earl  of  Tullibardine,  David  lord 
Scone,  William  lord  Sanquhar,  John  lord  Herries,  James 
lord  Torphichen,  Hugh  lord  Sempill,  WilHam  lord  Kilmaurs, 
John  Grant  of  Freuchie,  Sir  Patrick  Hepburn  of  Waughton, 
Robert  Arnot  of  Farny,  and  Sir  Henr}^  Lindsay  of  Kin- 
fauns  ;  Avho,  sworn  and  received  according  to  the  custom, 
went  apart  by  themselves  for  a  certain  space,  and  returning 
unto  the  court,  by  the  mouth  of  their  chancellor  (the  earl  of 
Glcncarne)  declared  him  guilty  of  the  foresaid  rebellion,  and 
of  the  whole  points  contained  in  the  indictment.  The  justice 
thereupon  gave  sentence,  that  he  should  be  taken  to  the 
market-cross,  and  there  beheaded,  and  all  his  goods  and 
lands  confiscated. 

The  earl  takmg  the  sentence  impatiently,  some  preachers 


222  THE  HISTORY  OF  THE  [a.  D.  1014. 

were  desired  to  confer  with  liim,  and  to  dispose  his  mind 
towards  death ;  but  they  finding  him  irresolute,  entreated 
for  a  delay  of  the  execution ;  which  was  granted  to  the  sixth 
of  February,  at  which  time  he  was  brought  unto  the  scaffold, 
guarded  by  the  magistrates  of  the  city,  and  in  the  sight  of 
many  people  beheaded.  This  w^as  the  end  of  Patrick  earl 
of  Orkney,  son  to  Robert  Stewart,  one  of  King  James  the 
Fifth  his  base  sons.  Robert  was  at  first  provided  to  the 
abbacy  of  Halyrudhouse,  which  he  enjoyed  divers  years. 
After  the  forfeiture  of  Hepburn,  Earl  Bothwell,  and  the 
obtaining  of  these  isles,  he  exchanged  the  abbacy  with  the 
bishopi'ic  of  Orkney,  and  so  became  sole  lord  of  the  country. 
Patrick,  succeeding  to  an  elder  brother  who  died  young,  by 
his  too  much  resort  to  court  and  profuse  spending  did  involve 
himself  in  great  debts,  and  seeking  to  repair  his  estate  by  the 
indirect  courses  he  touched,  fell  into  these  inconveniences 
which  you  have  heard,  and  may  serve  for  a  warning  to  all 
great  personages  not  to  oppress  nor  play  the  tyrants  over  the 
meaner  sort  of  people. 

About  the  end  of  the  year  John  Ogilvy  a  Jesuit  was 
apprehended  at  Glasgow.  He  was  lately  come  from  Gratz, 
where  the  Jesuits  have  a  college,  by  the  command  (as  he 
said)  of  his  superiors,  to  do  some  service  in  these  parts. 
There  were  found  with  him  three  little  books,  containing 
ccriain  directories  for  receiving  confessions ;  a  warrant  to 
dispense  with  them  that  possessed  any  church-livings,  con- 
ceived in  this  form,  Quoad  dispensationem  de  bonis  ecclesias- 
iicis,  poteris  dispensare  ut  retineant  quce  2)ossident,  dummodo 
in  usus  pios  aliquid  impendant,  pro  judicio  confessarii  dis- 
pensantis ;  with  some  rehcs,  and  a  tuft  of  St  Ignatius's  hair, 
the  founder  of  their  order,  which  he  seemed  to  have  in  great 
regard. 

Upon  advertisement  given  to  his  majesty,  a  commission 
was  sent  to  the  secretary,  the  Lord  Kilsyth,  the  treasurer- 
deputy,  and  advocate,  for  his  examination  and  trial.  Being 
presented  before  them,  and  inquired  when  he  came  into 
Scotland,  what  his  business  was,  and  where  he  had  resorted  ? 
To  the  first  he  answered,  that  he  came  in  the  June  preced- 
ing ;  to  the  second,  that  his  errand  was  to  save  souls ;  but 
to  the  third  he  denied  to  give  any  answer  at  all,  saying, 
"  that  he  would  not  utter  any  thing  that  might  work  pre- 


A.  D.   1614.]  CHURCH  OF  SCOTLAND.  223 

judice  to  others : "  nor  could  lie  be  induced  either  by  per- 
suasion or  threatening  to  detect  the  persons  with  whom  he 
had  resorted.  •  The  commissioners  offended  at  his  obstinacy, 
and  meaning  to  extort  a  confession  from  him,  advised  to 
keep  him  some  nights  from  sleep  :  and  this  indeed  wrought 
somewhat  with  him,  so  as  he  began  to  discover  certain 
particulars,  but  how  soon  he  was  permitted  to  take  any  rest, 
he  denied  all,  and  was  as  obstinate  in  denying  as  at  first. 

His  majesty  being  certified  that  without  torture  nothing 
would  be  drawn  from  him,  made  answer,  "  That  he  Avould 
not  have  those  forms  used  with  men  of  his  profession ;  and  if 
nothing  could  be  found  but  that  he  was  a  Jesuit,  and  had 
said  mass,  they  should  banish  him  the  country,  and  inhibit 
him  to  return  without  license,  under  pain  of  death.  But  if 
it  should  appear  that  he  had  been  a  practiser  for  the  stu'ring 
up  of  subjects  to  rebellion,  or  did  maintain  the  pope's  trans- 
cendent power  over  kings,  and  refused  to  take  the  oath  of 
allegiance,  they  should  leave  him  to  the  course  of  law  and 
justice;  meanwhile  his  pleasure  was,  that  the  questions 
following  should  be  moved  unto  him,  and  his  answers  there- 
to required." 

1.  Whether  the  pope  be  judge  and  hath  power  in  spiritua- 
libus  over  his  majesty ;  and  whether  that  power  will  reach 
over  his  majesty  in  temporalibus  if  it  be  in  ordine  ad  spiri- 
tualia,  as  Bellarmine  affirmeth  ? 

2.  Whether  the  pope  hath  power  to  excommunicate 
kings  (especially  such  as  are  not  of  his  Church),  as  his 
majesty  ? 

3.  Whether  the  pope  hath  power  to  depose  kings  by  him 
excommunicated  ;  and  in  particular,  whether  he  hath  power 
to  depose  the  king's  majesty  ? 

4.  Whether  it  be  no  murder  to  slay  his  majesty,  being  so 
excommunicated  and  deposed  by  the  pope  ? 

5.  Whether  the  pope  hath  power  to  assoile  subjects  from 
the  oath  of  their  born  and  native  allegiance  to  his  majesty  ? 

These  questions  were  sent  enclosed  in  a  letter  to  the  arch- 
bishop of  Glasgow,  who  assuming  to  himself  the  provost  of 
the  city,  the  principal  of  the  college,  and  one  of  the  ministers, 
as  witnesses,  did  in  their  hearing  read  the  questions,  and 


224  THE  HISTORY  of  the  [a.  d.  1614. 

receive  his  answer,   Avhich  he  gave   under  his    hand,   as 
foUoweth : — 

I  acknowledge  the  pope  of  Rome  to  be  judge  unto  his 
majesty,  and  to  have  power  over  him  in  spirit nalibus,  and 
over  all  Christian  kings.  But  where  it  is  asked,  whether 
that  power  will  reach  over  him  in  temporalibus,  1  am  not 
obliged  to  declare  my  opinion  therein,  except  to  liim  that  is 
judge  in  controversies  of  religion,  to  wit,  the  pope,  or  one 
having  authority  from  him. 

For  the  second  point,  I  think  that  the  pope  hath  power  to 
excommunicate  the  king ;  and  where  it  is  said,  that  the  king 
is  not  of  the  pope's  Church,  I  answer,  that  all  who  arc 
baptized  are  under  the  pope's  power. 

To  the  third,  where  it  is  asked,  if  the  pope  hath  power  to 
depose  the  king,  being  excommunicated ;  I  say  that  I  am  not 
tied  to  declare  my  mind,  except  to  him  that  is  judge  in  con- 
troversies of  religion. 

To  the  fourth  and  fifth  I  answer  ut  supra. 

Being  reasoned  with  a  long  time,  and  the  danger  exponed 
wherein  he  did  cast  himself  by  maintaining  such  treasonable 
opinions,  he  answered,  "  That  he  would  not  change  his  mind 
for  any  danger  tliat  could  befall  him ;"  and  speaking  of  the 
oath  of  allegiance,  said,  "  that  it  was  a  damnable  oath,  and 
treason  against  God  to  swear  it."  Some  days  being  allowed 
him  to  bethink  himself  better  of  these  points,  whenas  no 
advice  could  prevail,  the  answers  were  sent  to  his  majesty 
subscribed  by  himself,  and  therewith  a  testification  of  such 
as  were  present  at  the  giving  thereof. 

Hereupon  the  council  was  commanded  to  pass  a  commis- 
sion to  the  provost  and  bailiffs  of  Glasgow  for  putting  him  to 
a  trial.  There  were  assisting,  James  marquis  of  Hamilton, 
Robert  carl  of  Lothian,  William  lord  Sanquhar,  John 
lord  Fleming,  and  Robert  lord  Boyd.  Some  days  be- 
fore he  was  brought  to  the  bar,  it  was  told  him,  "  That  he 
was  not  to  be  charged  with  saying  of  mass,  nor  any  thing 
that  concerned  his  profession,  but  only  with  the  answers 
made  to  the  questions  proponed,  which,  if  he  should  recall, 
there  being  yet  place  to  repentance,  the  trial  should  be  sus- 
pended till  his  majesty  were  of  new  advertised."     His  reply 


A.  D.  1614.]  CIIUIICII  OF  SCOTLAND.  225 

was,  "  That  ho  did  so  little  mind  to  recall  any  thing  he  had 
spoken,  as  Avhcn  he  should  be  brought  to  his  answer  he  should 
put  a  bonnet  on  it."  And  this  indeed  he  performed ;  for 
when  he  was  placed  on  pannel,  and  the  indictment  read, 
which  was  grounded  all  upon  the  Acts  of  Parliament  made 
against  those  that  declined  his  majesty's  authority,  or  main- 
tained any  other  jurisdiction  within  the  realm,  and  upon 
the  answers  made  to  the  above-written  demands  subscribed 
with  his  hand,  he  brake  forth  in  those  speeches : — 

"  Under  protestation  that  I  do  no  way  acknowledge  this 
judgment,  nor  receive  you  that  are  named  in  that  commission 
for  my  judges,  I  deny  any  point  laid  against  me  to  be  treason  ; 
for  if  it  were  treason,  it  would  be  such  in  all  places  and  all 
kingdoms,  which  you  know  not  to  be  so.  As  to  your  Acts 
of  Parliament,  they  were  made  by  a  number  of  partial  men, 
and  of  matters  not  subject  to  their /oritm  or  judicatory,  for 
which  1  will  not  give  a  rotten  fig.  And  where  I  am  said  to 
be  an  enemy  to  tlie  king's  authority,  1  know  not  any  au- 
thority he  hath  but  what  he  received  from  his  predecessors, 
who  acknowledged  the  pope  of  Rome  his  jurisdiction.  If  the 
king  will  be  to  me  as  his  predecessors  were  to  mine,l  will  obey 
and  acknowledge  him  for  my  king  ;  but  if  he  do  otherwise, 
and  play  the  runnagate  from  God,  as  he  and  you  all  do,  I 
will  not  acknowledge  him  more  than  this  old  hat."  At  these 
words  being  interrupted,  and  commanded  to  speak  more 
reverently  of  his  majesty,  he  said,  "  That  he  should  take 
the  advertisement,  and  not  offend,  but  the  judgment  he 
would  not  acknowledge.  And  fur  the  reverence  I  do  you 
to  stand  uncovered,  I  let  you  know  it  is  ad  redemptionem 
vexationis,  not  ad  agnitionem  judicii." 

The  persons  cited  upon  the  jury  being  then  called,  and  he 
desired  to  show  if  he  would  except  against  them,  he  said, 
"  That  he  had  but  one  exception  against  them  all,  which 
was,  that  either  they  were  enemies  to  his  cause,  or  friends  : 
if  enemies,  they  could  not  sit  upon  his  trial ;  and  if  friends, 
they  ought  to  assist  him  at  the  bar.  Only  he  should  wish 
the  gentlemen  to  consider  well  what  they  did,  and  that  he 
could  not  be  judged  by  them.  That  Avhatsoever  he  suf- 
fered was  by  way  of  injury  and  not  of  judgment ;  and  that 
he  was  accused  of  treason,  but  had  not  committed  any  offence, 
nor  would  he  beg  mercy."   And,  proceeding  in  this  strain,  "  I 

VOL.  ilL  15 


226  THE  HISTORY  OF  THE  [a.  D.  1614. 

am,"  said  he,  "  a  subject  as  free  as  the  king  is  a  king  ;  I  came 
by  commandment  of  my  superior  into  this  kingdom,  and  if  I 
were  even  now  forth  of  it,  I  would  return  ;  neither  do  I  re- 
pent any  thing,  but  that  I  have  not  been  so  busy  as  I  should 
in  that  which  you  call  perverting  of  subjects.  I  am  accused 
for  declining  the  king's  authority,  and  will  do  it  still  in 
matter  of  religion,  for  with  such  matters  he  hath  nothing  to 
do  ;  and  this  which  I  say,  the  best  of  your  ministers  do  main- 
tain, and  if  they  be  wise,  will  continue  of  the  same  mind. 
Some  questions  were  moved  to  me,  which  I  refused  to 
answer,  because  the  proposers  were  not  judges  in  contro- 
versies of  rchgion,  and  therefore  I  trust  you  cannot  infer  any 
thing  against  me,"  "  But  I  hope,"  said  the  archbishop, 
"  you  will  not  make  this  a  controversy  of  religion,  whether 
the  king  being  deposed  by  the  pope  may  be  lawfully  killed." 
To  this  he  replied,  "  It  is  a  question  among  the  doctors  of 
the  Church  ;  many  hold  the  affirmative,  not  improbably  ;  but 
as  that  point  is  not  yet  determined,  so  if  it  shall  be  concluded, 
I  will  give  my  life  in  defence  of  it ;  and  to  call  it  unlawful,  I 
will  not,  though  I  should  save  my  life  by  saying  it." 

His  speeches,  the  more  liberty  was  given  him,  growing 
still  the  more  intolerable,  the  jurors  were  willed  to  go  apart, 
who,  quickly  returning,  declared  by  the  mouth  of  their 
chancellor.  Sir  George  Elphingston,  that  they  found  him 
guilty  of  all  the  treasonable  crimes  contained  in  the  indict- 
ment. Whereupon  doom  was  pronounced,  and  the  same  day, 
in  the  afternoon,  he  was  hanged  in  the  public  street  of 
Glasgow,  He  was,  as  it  seemed,  well  instructed  in  that 
Jesuitical  doctrine  of  deposing  and  dethroniug  kings,  and  like 
enough  to  have  played  another  Ravaillac,  if  he  had  not  been 
intercepted  ;  which  was  the  rather  believed,  that,  in  lament- 
ing his  mishap  to  one  that  he  esteemed  his  friend,  he  did  say, 
"  That  nothing  grieved  him  so  much  as  that  he  had  been 
apprehended  in  that  time,  for  if  he  had  lived  unto  Whit- 
sunday at  liberty,  he  should  have  done  that  which  all  the 
bishops  and  ministers  of  Scotland  and  England  should  never 
have  helped;  and  to  have  done  it,  he  would  willingly  have  been 
drawn  in  pieces  with  horses,  and  not  cared  what  torments  he  liad 
endured."     But  tliis  did  not  burst  forth  till  after  his  death, 

Mr  James  Motfat,  another  of  the  same  society,  being  ap- 
prehended near  about  the  same  time,  took  a  safer  course ; 


A.  D.  1615.]  CHURCH  OF  SCOTLAND.  227 

for  having  condemned  Ogilvie's  positions,  he  was  suffered  to 
depart  the  country,  the  king  professing,  as  he  ever  did, 
that  ho  would  never  hang  a  priest  for  his  rehgion  ;  only 
these  polypragmatic  papists,  that  were  set  upon  sedition  and 
to  move  disturbance  in  countries,  he  could  not  away  with. 

The  next  spring,  Mr  George  Gladstanes,  archbishop  of 
St  Andrews,  departed  this  life;  a  man  of  good  learning,  ready 
utterance,  and  great  invention,  but  of  an  easy  nature,  and  in- 
duced by  those  he  trusted  to  do  many  things  hurtful  to  the 
See,  especially  in  leasing  the  tithes  of  his  benefice  for  many 
ages  to  come,  and  for  a  small  duty  ;  esteeming  (which  is  the 
error  of  many  churchmen)  that  by  this  mean  he  should 
purchase  the  love  and  friendship  of  men,  whereas  there  is  no 
sure  friendship  but  that  which  is  joined  with  respect ;  and 
to  the  preserving  of  this,  nothing  conduceth  more  tlian  a  wise 
and  prudent  administration  of  the  church-rents  wherewith 
they  are  intrusted.  He  left  behind  him  in  writing  a  declara- 
tion of  his  judgment  touching  matters  then  controverted  in 
the  Church,  professing  that  he  had  accepted  the  episcopal 
function  upon  good  warrant,  and  that  his  conscience  did  never 
accuse  him  for  any  thing  done  that  way.  This  he  did  to  ob- 
viate the  rumours  which  he  foresaw  would  be  dispersed  after 
his  death,  either  of  his  recantation  or  of  some  trouble  of  spirit 
that  he  was  cast  into  (for  these  are  the  usual  practices  of  the 
puritan  sect),  whereas  he  ended  his  days  most  piously,  and  to 
the  great  comfort  of  all  the  beholders.  His  corpse  was  in- 
terred in  the  south-east  side  of  the  parish  church,  and  the 
funeral  sermon  preached  by  Mr  Wilhara  Cowpcr,  bishop  of 
Galloway,  who  was  lately  before  preferred  upon  the  decease 
of  Mr  Gavin  Hamilton,  bishop  of  that  See  ;  a  man  for 
courage,  true  kindness,  and  zeal  to  the  Church,  never  enough 
commended. 

St  Andrews  falling  thus  void,  divers  translations  were 
made  in  the  Church ;  as  of  the  archbishop  of  Glasgow  to  St 
Andrews,  the  bishop  of  Orkney  to  Glasgow,  the  bishop  of 
Dunblane  to  Orkney,  in  whose  place  succeeded  Mr  Adam 
Ballendene,  rector  of  Falkirk. 

In  the  end  of  this  year,  there  was  at  court  a  great  busi- 
ness for  trying  the  murder  of  Sir  Thomas  Overbury,  who 
had  died  in  the  Tower  some  two  years  before.  The  occasion 
and  secret  contriving  of  the  murder,  with  the  strangeness 


228  THE  HlSTOnY  OF  THE  [a.  d.  1615. 

of  the  discovery,  and  bis  majesty's  impartial  proceedings 
in  the  trial,  deserve  all  to  be  remembered.  The  occasion 
was  Overbury's  free  and  friendly  counsels  to  the  earl  of 
Somerset  for  diverting  him  from  the  marriage  he  intended 
with  Lady  Frances  Howard,  who  by  a  sentence  of  nullity 
was  freed  from  the  earl  of  Essex  her  husband.  Often  he 
had  dissuaded  Somerset,  presuming  upon  the  familiarity  that 
he  vouchsafed  him,  to  forbear  that  lady's  company,  and  one 
night  more  freely,  for  that  he  saw  Somerset  going  on  in  the 
match,  came  unto  him,  and  spake  to  this  effect :  "  My  Lord,  I 
perceive  you  are  proceeding  in  this  match,  which  I  have  often 
dissuaded  as  your  true  servant  and  friend.  I  now  advise  you 
not  to  marry  that  woman,  for  if  you  do,  you  shall  ruin  your 
honour  and  yourself ;  "  adding,  that  if  he  went  on  in  that  busi- 
ness, he  should  do  well  to  look  to  his  standing.  The  earl 
taking  his  free  speech  more  impatiently  because  he  had 
touched  the  lady  (with  whom  he  was  bewitched)  in  her 
honour,  replied  in  passion,  that  his  legs  were  strong  enough 
to  bear  him  up,  and  that  he  should  make  him  repent  those 
speeches.     Thus  he  parted  in  anger  at  that  time. 

Overbury  interpreting  this  to  be  a  sudden  passion  only, 
and  not  thinking  that  their  long  continued  friendship  would 
break  off  by  this  occasion,  continued  in  his  wonted  attend- 
ance, neither  did  the  eaid  wholly  abandon  him ;  howbeit, 
having  discovered  to  the  Lady  Overbury  his  counsel,  and  the 
words  he  had  uttered  to  her  prejudice,  she  never  ceased  to 
inflame  him  against  the  gentleman,  and  by  all  means  sought 
to  practise  his  overthrow.  It  fiilling  out  that  Overbury  was 
about  this  time  to  be  employed  in  an  ambassage  to  Russia, 
the  earl,  whose  counsel  he  asked,  advised  him  not  to  embrace 
the  service,  but  to  make  some  fair  excuse.  This  advice  he 
followed,  taking  the  same  to  proceed  of  kindness,  and  for  his 
refuse  was  committed  to  the  Tower. 

The  lady  now  had  him  where  she  wished,  and,  meaning  to 
despatch  him  by  poison,  wrought  so  with  the  lieutenant  Sir 
Jervis  El  ways,  as  he  did  admit  one  Richard  Weston,  upon 
her  recommendation,  to  be  Overbury's  keeper,  by  whom,  the 
very  evening  after  he  was  committed,  a  yellow  poison  was 
ministered  unto  him  in  a  broth  at  supper,  which  provoked 
such  extreme  vomits  and  purging  as  it  was  looked  he  should 
not  recover.     But  neither  this  nor  the  other  poisons  that 


A.  D.  1G15.]  CHURCH  OF  SCOTLAND.  229 

wore  continually  put  in  his  meats  serving  to  despatch  him, 
Mistress  Turner,  the  preparer  of  all,  procured  an  apothe- 
cary's boy  to  give  him  a  poisoned  glyster,  which  brought 
him  to  his  end.  Overbury  thus  dead,  was  presently  buried ; 
and  because  of  the  blanes  and  blisters  that  appeared  in  his 
body  after  his  death,  a  report  was  dispersed  that  he  died  of 
the  French  pox,  which  few  believed ;  and  still  the  rumour 
went,  according  to  the  truth,  that  he  was  made  away  by 
poison.  The  greatness  of  the  procurers  kept  all  hidden  for 
a  time ;  but  God,  who  never  suffcreth  such  vile  acts  to  go 
unpunished,  did  bring  the  same  to  light  after  a  miraculous 
manner. 

It  happened  the  earl  of  Shrewsbury,  in  conference  with  a 
councillor  of  estate,  to  recommend  the  lieutenant  of  the  Tower 
to  his  favour,  as  a  man  of  good  parts,  and  one  that  desired  to 
be  known  to  him.  The  councillor  answering,  that  he  took  it 
for  a  favour  from  the  lieutenant  that  he  should  desire  his 
I  friendship,  added  withal,  that  there  lay  upon  him  a  heavy 
imputation  of  Overbury 's  death,  whereof  he  wished  the 
gentleman  to  clear  himself.  This  related  to  the  lieutenant. 
He  was  stricken  a  little  with  it,  and  said,  that  to  his  know- 
ledge some  attempts  were  made  against  Overbury,  but  that 
the  same  took  no  effect ;  which  being  told  to  the  king,  he 
willed  the  councillor  to  move  the  lieutenant  to  set  down  in 
writing  what  he  knew  of  that  matter,  which  he  also  did. 
Thereupon,  certain  of  the  council  were  appointed  to  examine 
and  find  out  the  truth.  From  Weston  somewhat  was  drawn, 
whereupon  he  was  made  prisoner.  Turner  and  Franklin, 
the  preparers  of  the  poison,  being  examined,  confessed  every 
thing ;  and  then  all  breaking  forth,  the  earl  of  Somerset  with 
his  lady  and  the  lieutenant  were  committed. 

Weston  at  his  first  arraignment  stood  mute,  yet  was  in- 
duced afterwards  to  put  himself  to  the  trial  of  the  country, 
and  being  found  guilty,  was  hanged  at  Tyburn.  Mistress 
Turner  and  James  Franklin  were  in  like  sort  executed.  The 
lieutenant,  who  had  winked  at  their  doings,  was  judged  ac- 
cessory to  the  crime  and  condemned  to  death,  which  he  suf- 
fered most  patiently,  expressing  a  great  penitency  and 
assurance  of  mercy  at  the  hands  of  God. 

In  the  May  following,  the  earl  and  his  lady  were  brought 
to  their  trial,  which  by  their  friends  they  laboured  earnestly 


230  THE  iiist(;ry  of  the  [a.  d.  IGIG. 

to  eschew  ;  but  the  king  would  not  bo  entreated,  for  the  love 
he  had  to  maintain  justice.  The  judge  by  commission  was 
Thomas  Lord  Ellesmere,  chancellor  of  England,  and  lord 
high-steward  for  that  time  ;  his  assistants  were.  Sir  Edward 
Coke,  lord  chief-justice  of  England  ;  Sir  Henry  Hobart,  lord 
chief-justice  of  the  common  pleas ;  Sir  Laurence  Tanfield, 
lord  chief-baron  of  the  exchequer ;  Judge  Altharne,  one  of  the 
barons  of  the  exchequer  ;  Judge  Crook,  Judge  Doddridge, 
and  Judge  Haughton,  judges  of  the  king's  bench,  and  Judge 
Nicols,  one  of  the  judges  of  the  common  pleas. 

The  peers  by  whom  they  were  tried  were,  the  earl  of 
Worcester,  lord  privy-seal ;  the  earl  of  Pembroke,  chamber- 
lain ;  the  earls  of  Rutland,  Sussex,  Montgomery,  and  Hart- 
ford ;  the  Viscount  Lisle,  the  Lord  Zouch,  warden  of  the 
Cinqueports ;  the  Lord  Willoughby  of  Eresby ;  the  Lord 
Dacres,  the  Lord  Monteagle,  the  Lord  Wentworth,  the  Lord 
Rich,  the  Lord  Willoughby  of  Parham,  the  Lord  Hunsdon, 
the  Lord  Russel,  the  Lord  Compton,  the  Lord  Norris,  the 
Lord  Gerard,  the  Lord  Cavendish,  and  the  Lord  Dormer.  . 
With  the  lady  there  was  not  much  ado,  for  she  with 
many  tears  confessed  the  fact,  desiring  mercy.  The  earl, 
who  was  the  next  day  presented  before  the  judges,  made 
some  defences :  but  the  confessions  of  those  that  were  exe- 
cuted, and  a  letter  he  had  sent  to  his  majesty,  did  so  clearly 
convince  him  of  being  accessory  to  the  crime  at  least,  that 
they  were  both  sentenced  to  be  taken  to  the  Tower  of  London, 
and  from  thence  to  the  place  of  execution,  and  hanged  till 
they  were  dead.  It  was  a  foul  and  hateful  fact,  on  the  earl's 
part  especially,  who  did  betray  his  friend  for  satisfying  the 
appetite  of  a  revengeful  woman  ;  yet  by  his  majesty's  clem- 
ency, the  lives  of  both  were  afterwards  spared. 

A  new  business  was  about  the  same  time  made  by  the 
marquis  of  Huntly,  Some  eight  years  before  he  had  been 
excommunicated,  and  giving  hopes  from  time  to  time  of  his 
reconcilement,  did  not  only  frustrate  the  same,  but,  break- 
ing out  in  open  insolencies,  had  caused  his  officers  discharge 
his  tenants  from  hearing  the  sermons  of  some  ministers,  with 
whom  he  made  show  to  be  offended.  Being  for  this  called 
before  the  high  commission,  he  was  committed  in  the  Castle 
of  Edinburgh,  and  had  not  remained  there  two  or  three  days 
when,  upon  the  chancellor's  warrant,  he  was  put  to  libei'ty. 


A.D.  IGIG.]  CIIURCir  OF  SCOTLAND.  231 

The  bishops  that  were  in  town,  complaining  to  himself  of  that 
he  had  done,  were  disdainfully  answered,  "  That  he  mio-ht 
enlarge  without  their  advice  any  that  were  imprisoned  by  the 
high  commission  ;"  and  when  it  was  told  that  the  Church 
would  take  this  ill,  he  said,  "  that  he  cared  not  what  their 
Church  thought  of  him  ;  "  whereupon  the  ministers  made 
great  exclamationr>  in  the  pulpits,  as  against  one  that  abused 
his  place  and  power. 

Complaints  hereupon  were  sent  from  all  hands  to  the  king. 
The  bishops  complained  of  the  chancellor  his  usurping  upon 
the  commission,  and  to  this  effect  directed  Alexander,  bishop 
of  Caithness,  to  court.  The  chancellor  complained  of  the 
turbulency  of  the  ministers,  and  the  liberty  they  took  to 
censure  the  public  actions  of  statesmen  in  their  sermons. 
The  marquis,  upon  a  suit  he  had  made  before  his  imprison- 
ment, had  obtained  license  to  come  unto  court,  and  had  taken 
his  journey  thither.  But  the  king,  upon  the  clergy's  com- 
plaint, sent  Mr  Patrick  Hamilton,  then  waiting  as  secretary- 
deputy  at  court,  to  command  the  marquis  to  return  and 
enter  himself  in  the  Castle  of  Edinburgh,  for  satisfying  the 
high  commission  ;  withal,  he  carried  a  letter  to  the  council, 
sharply  rebuking  them  for  releasing  the  marquis,  he  being 
Avarded  by  the  lords  of  the  commission. 

The  gentleman  meeting  the  marquis  at  Huntingdon,  within 
a  day's  journey  of  London,  did  use  his  message,  who  entreated 
him  to  go  back,  and  show  the  king  that  he  was  come  to 
give  his  majesty  satisfaction  in  every  thing  he  would  enjoin, 
and  to  beseech  his  majesty,  since  he  was  so  far  on  his  journey, 
not  to  deny  him  his  presence.  The  offer  of  satisfaction 
pleased  the  king  well,  who  permitting  him  to  come  forward 
to  court,  directed  him  to  the  archbishop  of  Canterbury, 
with  whom  he  offered  to  communicate.  His  excommunica- 
tion standing  in  the  way,  and  it  being  contrary  to  the  canons 
that  one  excommunicated  by  the  Church  should,  without 
their  consent  who  had  so  sentenced  him,  be  absolved  in 
another,  it  was  a  while  doubted  what  course  they  should 
take.  The  king  on  the  one  side  was  desirous  to  win  him 
home,  and,  on  the  otlier,  loath  to  infringe  the  order  of  the 
Church  ;  yet  inclining  to  have  the  marquis  absolved,  it  was 
thought  that  the  bishop  of  Caithness  his  consent,  in  the  name 
of  the  clergy  of  Scotland,  was  a  warrant  sufficient.     Thus, 


232  THE  HISTORY  OF  THE  [a.  P.  161G. 

the  bishop  conscntinr;,  the  absohition  was  given  him,  in  the 
chapel  of  Lambeth,  by  the  archbishop  of  Canterbury  in  this 
form :  — 

"  Whereas  the  purpose  and  intendment  of  tlie  whole 
Church  of  Christ  is  to  win  men  unto  God  and  frame  their  souls 
for  heaven,  and  that  there  is  such  an  agreement  and  corre- 
spondency betwixt  the  Churches  of  Scotland  and  England,  that 
what  the  bishops  and  pastors  in  the  one,  without  any  earthly 
or  worldly  respect,  shall  accomplish  to  satisfy  the  christian 
and  charitable  end  and  desire  of  the  other,  cannot  be  dis- 
tasteful to  either ;  I  therefore,  finding  your  earnest  entreaty 
to  be  loosed  from  the  bond  of  excommunication  wherewith 
you  stand  bound  in  the  Church  of  Scotland,  and  well  consider- 
ing the  reason  and  cause  of  that  censure,  as  also  considering 
your  desire,  on  this  present  day,  to  communicate  here  with 
us,  for  the  better  effecting  of  this  work  of  participation  of 
the  holy  sacrament  of  Christ  our  Saviour  his  blessed  body 
and  blood,  do  absolve  you  from  the  said  excommunication,  in 
the  name  of  the  Father,  and  of  the  Son,  and  of  the  Holy 
Ghost ;  and  beseech  Almighty  God,  that  you  may  be  so 
directed  by  the  Holy  Spirit,  that  you  may  continue  in  the 
truth  of  his  Gospel  unto  your  life's  end,  and  then  be  made 
partaker  of  his  everlasting  kingdom." 

How  soon  it  was  known  that  the  marquis  was  absolved  by 
the  archbishop  of  Canterbury,  there  were  great  exceptions 
taken  by  the  Church,  and  the  same  interpreted  to  be  a  sort 
of  usurpation,  whereof  the  king  being  advertised  in  a  long 
letter  written  to  the  archbishop  of  St  Andrews,  he  did 
justify  the  doing  by  those  reasons  :  "  First,  That  in  absolv- 
ing the  marquis,  nothing  was  intended  to  the  prejudice  of  the 
Church  of  Scotland,  but  what  was  done  was  out  of  a  christian 
necessity,  it  being  needful  that  the  marquis  should  be  absolved 
before  he  was  admitted  to  the  participation  of  the  holy  sacra- 
ment. Secondly,  He  willed  the  Church  to  consider  that  his 
absolution  at  home  was  only  deferred  upon  the  scruple  he 
made  of  the  presence  of  our  Saviom*  in  the  sacrament,  and 
that  upon  his  confession,  swearing  and  subscribing  the  other 
points  of  religion,  they  themselves  had  suspended  his  excom- 
munication, the  lawfuhiess  whereof  he  would  not  dispute,  but 


I 


A.  D.  1616.]  CHURCH  OF  SCOTLAND.  233 

remit  the  same  to  the  canonists,  yet  the  suspension  standing, 
it  was  not  much  from  an  absolution.  Thirdly,  That  the  ab- 
solution given  him  in  England  did  necessarily  imply  an 
acknowledgment  of  the  authority  of  the  Church  of  Scotland  ; 
whereas,  if  the  archbishop  of  Canterbury  had  received  him  to 
the  holy  communion,  and  not  first  absolved  him,  being  ex- 
communicated by  the  Church  of  Scotland,  the  contempt  and 
neglect  had  been  a  great  deal  greater.  Fourthly,  That  the 
marquis  being  come  into  England,  and  making  offer  to  per- 
form whatsoever  should  be  required  of  him,  it  was  more 
fitting  to  take  him  in  that  disposition,  than  to  have  delayed 
it  unto  his  return  into  Scotland.  For  these  reasons,  he  said, 
and  especially  because  all  that  was  done  was  with  a  due 
acknowledgment  and  reservation  of  the  power  and  indepen- 
dent authority  of  the  Church  of  Scotland,  which  the  arch- 
bishop of  Canterbury  had  by  his  own  hand  testified,  it  was 
his  pleasure,  that  upon  the  marquis  his  return  a  full  form  of 
absolution  should  be  given  him,  or  a  ratification  made  of  that 
which  was  done  in  England  ;  so  as  neither  the  archbishop  of 
Canterbury  his  doing  should  be  disapproved  as  unlawful,  nor 
the  same  so  approved  as  it  might  seem  that  the  Church  of 
Scotland  was  inferior  in  any  sort  to  that  of  England  ;  and 
that  the  archbishop's  letter  written  to  that  effect  should  be 
put  in  record,  and  kept  as  a  perpetual  monument  for  ages  to 
come." 

This  letter  directed  to  the  archbishop  of  St  Andrews,  I 
have  thought  here  meet  to  be  inserted. 

"  Salutem  in  Christo. 
"  Because  I  understand  that  a  General  Assembly  is  shortly 
to  be  held  at  Aberdeen,  I  cannot  but  esteem  it  an  office  of 
brotherly  love  to  yield  you  an  account  of  that  great  action 
which  lately  befell  us  here  with  the  marquis  of  Huntly.  So 
it  was  then,  that  upon  the  coming  up  of  the  said  marquis,  his 
majesty  sharply  entreating  him  for  not  giving  satisfaction  to 
the  Church  of  Scotland,  and  for  a  time  restraining  him  from 
his  royal  presence,  the  marquis  resolving  to  give  his  majesty 
contentment,  did  voluntarily  proffer  to  communicate  when  and 
wheresoever  his  highness  should  be  pleased ;  whereupon  his 
majesty  being  pleased  to  make  known  that  offer  to  me,  it  was 


234  THE  HISTORY  OF  THE  [a.  D.   161G. 

held  fit  to  strike  the  iron  whilst  it  was  hot,  and  that  this 
great  work  should  he  accomphshed  hefore  his  majesty's  going 
to  progress  ;  whereiinto  a  good  opportunity  was  offered  by 
the  consecration  of  the  bishop  of  Ciiester,  which  was  to  be  in 
my  chapel  of  Lambeth  the  seventh  of  this  month,  at  which 
time  a  solemn  communion  was  there  to  be  celebrated. 

"  The  only  pause  was,  that  the  marquis  being  excommuni- 
cated by  the  Church  of  Scotland,  there  was  in  appearance 
some  difficulty  how  he  might  be  absolved  in  the  Church  of 
England ;    wherewith  his  majesty  being  made  acquainted, 
who  wished  that  it  should  not  be  deferred,  we  grew  to  this 
peaceable  resolution,  which  I  doubt  not  your  lordship  and  the 
rest  of  our  brethren  there  will  interpret  to  the  best.     For, 
first,  what  was  to  be  performed  might  be  adventured  upon,  as 
we  esteemed,  out  of  a  brotherly  correspondency  and  unity  of 
affection,  and  not  only  of  any  authority ;  for  we  well  know, 
that  as  the  kingdom  of  Scotland  is  a  free   and   absolute 
monarchy,  so  the  Church  of  Scotland  is  entire  in  itself,  and 
independent  upon  any  other  Church.     Secondly,  we  find  by 
the  advice  of  divers  doctors  of  the  civil  law,  and  men  best  ex- 
perienced in  things  of  this  nature,  that  the  course  of  ecclesi- 
astical proceedings  would  fairly  permit  that  we  might  receive 
to  our  communion  a  man  excommunicated  in  another  church, 
if  the  said  person  did  declare  that  he  had  a  purpose  hereafter 
for  some  time  to  reside  among  us,  which  the  lord  marquis  did 
openly  profess  that  he  intended,  and   I  know  his  majesty 
doth  desire  it ;  and  for  my  part,  I  rest  satisfied  that  it  can 
bring  no  prejudice,  but  rather  contentment,  unto  you  and 
to   that  kingdom.     Thirdly,  it  pleased  God  the  night  be- 
fore the  celebration  of  the  sacrament  to  send  in  our  brother, 
the  bishop  of  Caithness,  with  whom  I  taking  counsel,  hisj 
lordship  resolved  me,  that  it  was  my  best  way  to  absolve  thei 
lord  marquis,  and  assured  me  that  it  would  be  well  taken  by| 
the  bishops  and  pastors  of  the  Church  of  Scotland.     I  leave! 
the  report  of  this  to  my  Lord  Caithness  himself,  who  was  an  j 
eye-witness  with  what  reverence  the  marquis  did  participate] 
of  that  holy  sacrament.     For  all  other  circumstances,  I  doubtl 
not  but  you  shall  be  certified  of  them  from  his  majesty,] 
whose  gracious  and  princely  desire  is,  that  this  bruised  rcedj 
should  not  be  broken,  but  that  so  great  a  personage  (whosej 
example  may  do  much  good)  should  be  cherished  and  com- 


A.  D.  1G16.]  CHURCH  or  SCOTI.AND.  235 

forted  in  his  coining  forward  to  God  ;  which  I  for  my  part 
do  hope  and  firmly  bcHeve  that  you  all  will  endeavour,  ac- 
cording to  the  wisdom  and  prudence  which  Almighty  God 
hath  given  unto  you.  And  thus,  as  your  lordship  hath  ever 
been  desirous  that  I  should  give  you  the  best  assistance  I 
could  with  his  majesty  for  the  reducing  or  restraining  this 
nobleman,  so  you  see  I  have  done  it  with  the  best  discretion 
I  could ;  which  I  doubt  not  but  all  our  brethren  with  you 
will  take  as  proceeding  from  my  desire  to  serve  God  and  his 
majesty,  and  the  whole  Church  of  Scotland.  I  send  you 
herewith  the  form  which  I  used  in  absolving  the  lord 
marquis  in  the  presence  of  the  lord  primate  of  Ireland,  the 
lord  bishop  of  London,  and  divers  others.  And  so  beseech- 
ing the  blessing  of  God  upon  you  all,  that  in  your  Assembly 
with  unity  of  spirit  you  may  proceed,  to  the  honour  of  Christ 
and  to  the  beating  down  of  antichrist  and  popery,  I  leave 
you  to  the  Almighty. 

"  From  my  house  of  Croyden,  July  23,  1616." 

This  letter  being  showed  to  the  clergy  and  others  that 
were  offended  with  the  absolution  of  the  marquis,  gave  them 
content ;  yet  was  it  resolved  that  the  marquis  (who  then  was 
returned  from  court)  should  present  a  supplication  to  the 
General  Assembly  which  was  to  meet  at  Aberdeen  the 
thirteenth  of  August,  acknowledging  his  offence  in  despising 
the  admonitions  of  the  Church,  and  promising  to  continue  in 
the  profession  of  the  truth,  and  make  his  children  to  be 
educated  in  the  same ;  and  that  upon  his  supplication  he 
should  be  of  new  absolved  according  to  the  form  used  in  the 
Church  of  Scotland.  This  was  very  solemnly  performed  the 
first  day  of  the  Assembly,  the  carl  of  Montrose  being  then 
commissioner  for  his  majesty. 

In  the  Assembly  it  was  ordained,  "  That  forasmuch  as  his 
majesty  had  by  proclamation  recalled  such  as  Avere  gone 
forth  of  the  country  to  be  educated  in  the  colleges  of  Jesuits 
or  other  popish  universities  within  the  space  of  a  year,  upon 
pain  to  be  declared  incapable  of  succession  either  to  goods  or 
lands,  a  trial  and  exact  search  should  be  made  of  all  those 
that  were  sent  or  gone  into  foreign  parts  within  these  last 
ten  years  ;  and  that  every  minister  should  send  a  partic- 
ular note  unto  his  ordinary  of  those  within  his  parish  that 


236  THE  IIISTOnY  OF  THE  [a.  d.  1616. 

were  gone  to  follow  their  studies  in  places  abroad,  with  their 
age,  profession,  and  families  wliereunto  they  appertained,  to 
the  end  they  may  be  known,  and  the  dangers  prevented 
wherewith  their  corrupt  education  did  threaten  the  Church." 

It  was  likewise  enacted,  "  That  no  man  should  be  permitted 
to  practise  or  profess  any  physic,  unless  he  had  first  satis- 
fied the  bishop  of  the  diocese  touching  his  religion  :  That  a 
liturgy  or  book  of  common  prayer  should  be  formed  for  the 
use  of  the  Church  :  That  the  Acts  of  the  General  Assemblies 
should  be  collected  and  put  in  form,  to  serve  for  canons  to 
the  Church  in  their  ministration  of  discipline  :  That  children 
should  be  carefully  catechized  and  confirmed  by  the  bishops, 
or,  in  their  absence,  by  such  as  were  employed  in  the  visita- 
tion of  churches  :  That  grammar-schools  should  be  estab- 
lished in  all  parishes  where  the  same  might  be  conveniently 
done  :  And  that  a  register  should  be  kept  of  baptisms, 
marriages,  and  burials  by  the  minister  of  every  parish." 

These  Acts  being  put  in  form,  were  ordained  to  be  pre- 
sented to  his  majesty  by  the  archbishop  of  Glasgow  and 
bishop  of  Ross,  who  were  sent  from  the  Assembly  to  entreat 
liis  majesty's  confirmation  of  the  things  concluded. 

By  the  answer  returned  with  them,  his  majesty's  good 
liking  of  all  that  had  proceeded  in  the  Assembly  was  under- 
stood ;  only  against  the  act  of  confirming  young  children  by 
bishops  he  excepted,  saying  it  was  a  mere  hotch-potch,  and 
not  so  clear  as  was  requisite ;  and  therefore  directed  the 
same  to  be  reformed,  and  among  the  canons  of  the  Church 
the  articles  following  to  be  inserted. 

1.  That  for  the  more  reverent  receiving  of  the  holy  com- 
munion, the  same  should  be  celebrated  to  the  people  there- 
after kneeling  and  not  sitting,  as  had  been  the  custom  since 
the  reformation  of  religion. 

2.  If  any  good  Christian  visited  with  sickness,  which  was 
taken  to  be  deadly,  should  desire  to  receive  the  communion 
at  home  in  his  house,  the  same  should  not  be  denied  to  him, 
lawful  warning  being  given  to  the  minister  the  night  before  ; 
and  three  or  four  of  oood  religion  and  conversation  beinjj 
present  to  communicate  with  the  sick  person,  who  must  pro- 
vide for  a  convenient  place,  and  all  things  necessary  for  the 
reverent  administration  of  the  blessed  sacrament. 


A.  1).   1616.]  CHURCH  OF  SCOTLAND.  237 

3.  That  the  sacrament  of  baptism  should  not  be  longer 
deferred  than  the  next  Sunday  after  the  child  is  born,  unless 
some  great  and  reasonable  cause,  declared  and  approved  by 
the  minister,  do  require  the  same.  And  that  in  the  case  of 
necessity,  tried  and  known  to  the  minister,  it  should  be  law- 
ful to  administrate  baptism  in  private  houses,  the  same  being 
always  ministered  after  the  form  it  would  have  been  in  the 
congregation,  and  public  declaration  thereof  made  the  next 
Sunday  in  the  church,  to  the  end  the  child  might  be  known 
to  have  been  received  into  the  flock  of  Christ's  fold. 

4.  Seeing  the  inestimable  benefits  received  from  God  by 
our  Lord  Jesus  Christ  his  birth,  passion,  resurrection,  as- 
cension, and  sending  down  of  the  Holy  Ghost,  have  been 
commendably  remembered  at  certain  particular  days  and 
times  by  the  whole  Church  of  the  world ;  every  minister 
from  thenceforth  should  keep  a  commemoration  of  the  said 
benefits  upon  these  days,  and  make  choice  of  several  and  per- 
tinent texts  of  scripture,  and  frame  their  doctrine  and  ex- 
hortations thereto,  rebuking  all  superstitious  observation  and 
licentious  profaning  of  the  said  times. 

5.  The  act  of  confirmation  of  children,  his  majesty  desired 
to  be  reformed  in  this  manner.  Seeing  the  confirmation  of 
children  is  for  the  good  education  of  youth  most  necessary, 
being  reduced  to  the  primitive  integrity,  it  is  thought  good 
that  the  minister  in  every  parish  shall  catechize  all  young 
children  of  eight  years  of  age,  and  see  that  they  have  know- 
ledge, and  be  able  to  rehearse  the  Lord's  Prayer,  the  Behef, 
and  Ten  Commandments,  with  answers  to  the  questions 
of  the  small  catechism  used  in  the  Church,  and  that  the 
bishops  in  their  visitations  shall  cause  the  children  be 
presented  before  them,  and  bless  them  with  prayer  for  the 
increase  of  grace,  and  continuance  of  God  his  heavenly  gifts 
with  them. 

The  difficulty  of  admitting  these  articles  being  represented 
in  a  humble  letter  to  his  majesty  by  the  archbishop  of  St 
Andrews,  and  a  reason  given  why  the  same  could  not  be  in- 
serted with  the  canons,  as  having  at  no  time  been  motioned 
to  the  Church,  nor  proponed  in  any  of  their  meetings,  he  was 
(pleased  to  forbear  the  pressing  of  the  same  for  that  time, 
thinking  at  his  coming  into  Scotland,  which  he  intended  the 


238  THE  HISTORY  OF  THE  [a.  D.  1610. 

next  summer,  to  satisfy  such  as  were  scrupulous,  and  to  ob- 
tain the  Ciiurch's  consent. 

Shortly  after  a  letter  was  sent  to  the  council,  "  To  assure 
them  of  the  king's  resolution  to  visit  the  kingdom,  which  he 
said  did  proceed  of  a  longing  he  had  to  return  to  the  place  of 
his  breeding,  a  salmon-like  instinct  (as  ho  was  pleased  to  call 
it) ;  and  because  he  knew  that  evil-disposed  persons  would 
disperse  rumours  as  if  he  came  to  make  alterations  in  the 
civil  and  ecclesiastical  estate,  he  commanded  a  proclamation 
to  be  made  for  certifying  the  subjects  of  the  contrary.  It 
was  true,  he  said,  that  he  desired  to  do  some  good  at  his 
coming,  and  to  have  abuses  reformed  botli  in  the  church  and 
commonwealth  ;  yet  foreseeing  the  impediments  that  his  good 
intentions  would  meet  with,  and  regarding  the  love  of  his 
people  no  less  then  their  benefit,  he  would  be  loath  to  give 
them  any  discontent ;  and  therefore  willed  all  his  good  sub- 
jects to  lay  aside  their  jealousies,  and  accommodate  them- 
selves in  the  best  sort  they  could  for  his  receiving,  and  the 
entertainment  of  the  noblemen  of  England  who  were  to  ac- 
company him  in  the  journey." 

The  eai-1  of  Mar  was  at  this  time  made  treasurer,  and 
Sir  Gideon  Murray  continued  in  his  deputation.  A  motion 
had  been  made  a  little  before  for  appointing  a  commissioner 
or  deputy  in  the  kingdom,  which  was  hearkened  unto  by  the 
king  as  that  which  would  ease  him  of  many  vexations,  and  in 
his  absence  maintain  a  face  of  court,  and  breed  a  great  re- 
spect among  the  people  ;  and  so  far  was  that  purpose  ad- 
vanced, as  both  the  king  had  made  offer  of  the  place  to  the 
earl  of  Mar,  and  he  yielded  to  accept  the  same.  But 
this  breaking  out  and  coming  to  the  chancellor's  knowledge, 
whether  that  he  desired  not  to  have  any  in  place  above  him- 
self, or,  as  he  pretended,  wishing  the  nobleman's  good,  he 
diverted  him  from  accepting  that  charge,  and  brought  him  to 
embrace  the  office  of  treasurer  as  the  most  profitable,  and 
that  which  should  bring  with  it  a  less  envy.  Sir  Gideon  had 
the  intromission  of  all,  as  when  Somerset  was  in  place,  and 
did  provide  things  so  carefully  and  with  such  foresight,  as 
Avhen  the  king  came,  he  found  nothing  lacking  that  was  re- 
quired for  a  royal  and  princely  entertainment. 

Among  other  directions  sent  from  the  king,  one  was  for 
repairing  of  the  chapel,  and  some  English  carpenters  were 


A.  D.  1617.]  CHURCH  OF  SCOTLAND.  239 

employed,  who  brought  -with  them  the  portraits  of  the 
apostles  to  be  set  in  the  pews  or  stalls.  As  they  Avere  pro- 
ceeding in  their  work,  a  foolish  and  idle  rumour  went,  that 
images  were  to  be  set  up  in  the  chapel ;  and,  as  people  arc 
given  to  speak  the  worst,  it  was  current  among  them,  that 
the  organs  came  first,  now  the  images,  and  ere  long  they 
should  have  the  mass.  The  bishop  of  Galloway,  then  dean 
of  the  chapel,  moved  with  these  speeches,  did  pen  a  letter  to 
the  king,  entreating  his  majesty  "  for  the  offence  that  was 
taken  to  stay  the  affixing  of  these  portraits."  To  this  letter 
he  procured  the  subscriptions  of  the  archbishop  of  St 
Andrews,  the  bishops  of  Aberdeen  and  Brechin,  and  divers 
of  the  ministers  of  Edinburgh. 

The  answer  returned  by  the  king  was  full  of  anger,  ob- 
jecting ignorance  unto  them  that  could  not  distinguish  be- 
twixt pictures  intended  for  ornament  and  decoration,  and 
images  erected  for  worship  and  adoration  ;  and  resembling 
them  to  the  constable  of  Castile,  who  being  sent  to  swear  the 
peace  concluded  with  Spain,  when  he  understood  the  business 
was  to  be  performed  in  the  chapel  where  some  anthems  were 
to  be  sung,  desired  "  that  whatsoever  was  sung,  God's  name 
might  not  be  used  in  it,  and  that  being  forborne,  he  was  con- 
tent they  should  sing  what  they  listed ;  just  so,"  said  the  king, 
"  you  can  endure  lions,  dragons,  and  devils  to  be  ligured  in 
your  churches,  but  will  not  allow  the  like  place  to  the  patri- 
archs and  apostles."  His  majesty  always  gave  order  for  some 
other  form,  and  staying  the  erecting  of  these  portraits ; 
which  in  the  same  letter  he  said  "  was  not  done  for  ease  of 
their  hearts,  or  confirming  them  in  their  error,  but  because 
the  work  could  not  be  done  so  quickly  in  that  kind  as  was 
first  appointed."  This  letter  was  of  the  date  at  Whitehall, 
the  thirteenth  of  March  1617. 

The  king  was  much  laboured  to  defer  his  journey  to  the 
next  year,  whcnas  he  should  find  things  better  prepared ; 
but  he  refusing  to  hearken  to  any  such  motion,  made  the 
greater  haste,  and  in  the  beginning  of  May  came  to  Berwick, 
where  he  was  met  with  divers  of  the  council,  and  by  their 
advice,  the  parhament  which  had  been  indicted  to  the 
seventeenth  of  May  was  prorogued  to  the  thirteenth  of  June. 
All  that  time  which  intervened,  the  king  spent  in  a  progress 
through  the  country,  making  his  entry  in  the  special  burghs 


240  THE  HISTOUY  OF  THE  [a.  D.  1617. 

after  a  most  royal  manner,  and  welcomed  with  all  the  ex- 
pressions of  joy  that  could  be  devised. 

At  the  day  appointed,  the  Estates  were  frequently 
assembled,  where  his  majesty  had  a  long  speech  for  the 
establishing  religion  and  justice,  neither  of  which,  he  said, 
could  be  looked  for  so  long  as  a  regard  was  not  had  to  the 
ministers  of  both.  "  For  rchgion,  he  complained,  that  notwith- 
standing of  the  long  profession  of  the  truth,  numbers  of 
churches  remained  unplanted,  and  of  those  that  were  planted 
few  or  none  had  any  competent  maintenance ;  for  this  he 
wished  some  course  to  be  taken,  and  certain  commissioners  to 
be  chosen  for  appointing  to  every  church  a  perpetual  local 
stipend,  such  as  might  suffice  to  entertain  a  minister,  and  make 
him  able  to  attend  on  his  charge.  Of  justice  he  discoursed 
long,  remembering  the  pains  ho  had  taken  as  well  when  he 
lived  among  them  as  since  his  going  into  England,  and  how  he 
had  placed  justices  and  constables  (a  most  laudable  kind  of 
government)  for  the  preserving  of  peace  and  the  keeping  of 
the  laws  in  due  regard,  which  he  understood,  as  he  said,  to  bo 
much  neglected,  partly  in  default  of  some  that  were  named 
to  those  places  and  held  it  a  scorn  to  be  employed  in  such  a 
charge,  and  partly  by  the  opposition  which  the  lords  and 
great  men  of  the  country  made  unto  them,  and  to  their 
setthng.  But  he  would  have  both  the  one  and  the  other  to 
know,  that  as  it  was  a  place  of  no  small  honour  to  be  a 
minister  of  the  king's  justice  in  the  service  of  the  common- 
wealth, so  he  did  esteem  none  to  deserve  better  at  his  hands 
than  they  who  gave  countenance  thereto  ;  as,  on  the  other 
part,  whosoever  should  show  themselves  hinderers  thereof 
should  be  accounted  with  him  enemies  to  his  crown  and  the 
quiet  of  the  kingdom.  In  end,  be  said,  that  he  had  long 
striven  to  have  the  barbarities  of  the  country,  which  they 
knew  to  be  too  many,  removed  and  extinct,  and  in  place 
thereof  civihty  and  justice  established ;  and  that  he  would 
still  endeavour  to  do  his  best  that  way,  till  he  might  say  of 
Scotland  as  one  of  the  emperors  said  of  Rome,  "  inveni  laUr- 
itiam,  relinquo  marmoreavx." 

The  king  having  closed  and  the  lords  gone  apart  to  choose 
those  that  should  be  upon  the  Articles,  the  humours  of  some 
discontented  lords  began  to  kithe  ;  for  whosoever  were  by 
the  king  recommended  as  fit  persons,  were  passed  by  as  men 


f 


A.  D.  1617.]  CHURCH  OF  SCOTLAND.  241 

suspected,  and  otliers  named  who  stood  worse  aifected  to  his 
majesty's  service.  Another  question  they  made  for  admit- 
ting the  officers  of  state,  refusing  to  admit  any  but  the 
chancellor,  treasurer,  secretary,  and  clerk  of  the  rolls.  This 
being  long  and  sharply  debated,  was  in  end  agreed  by  the 
admission  of  the  whole  number. 

Among  the  Articles  proponed,  the  first  was,  of  his 
majesty's  authority  in  causes  ecclesiastical ;  concerning  which 
it  was  desired  to  be  enacted,  "  That  whatsoever  conclusion 
was  taken  by  his  majesty  with  advice  of  the  archbishops  and 
bishops  in  matters  of  external  policy,  the  same  should  have 
the  power  and  strength  of  an  ecclesiastical  law."  The  bishops 
interceding  did  humbly  entreat  that  the  article  might  be 
better  considered,  for  that  m  making  of  ecclesiastical  laws, 
the  advice  and  consent  of  presbyters  was  also  required.  The 
king  replying,  "  That  he  was  not  against  the  taking  of  minis- 
ters their  advice,  and  that  a  competent  number  of  the  most 
grave  and  learned  among  them  should  be  called  to  assist  the 
bishops ;  but  to  have  matters  ruled  as  they  have  been  in 
your  General  Assemblies  I  will  never  agree,  for  the  bishops 
must  rule  the  ministers,  and  the  king  rule  both,  in  matters 
indifferent  and  not  repugnant  to  the  Word  of  God."  So  the 
article  passed  in  this  form,  "  That  whatsoever  his  majesty 
should  determine  in  the  external  government  of  the  Church, 
with  the  advice  of  the  archbishops,  bishops,  and  a  competent 
number  of  the  ministry,  should  have  the  strength  of  a  law." 

This  coming  to  the  ministers'  ears,  they  began  to  stir  as  if 
the  whole  rites  and  ceremonies  of  England  were  to  be 
brought  upon  them  without  their  consents  ;  whereupon  the 
ministers  that  were  in  town  were  called  together  and  warned 
to  be  quiet,  for  that  such  a  general  act  did  not  lay  upon  them 
any  bond  ;  and  if  any  particular  was  urged,  the  same  should 
be  communicated  to  them,  and  nothing  concluded  without 
their  consents.  It  was  farther  told  them,  that  there  would 
not  be  wanting  informations  enough  to  stir  them  up  unto 
uuquietness,  but  that  they  should  do  well  not  to  irritate  his 
majesty,  whom  they  knew  to  be  a  gracious  prince,  and  one 
that  would  hear  reason,  and  give  way  to  the  same.  This 
they  did  all  promise  ;  yet,  upon  the  suggestion  of  some  dis- 
contented people,  the  very  next  day,  Mr  William  Struthers, 
one  of  the  ministers  of  Edinburgh,  did  unhappily  break  out 

VOL.  III.  16 


242  THE  HISTORY   OF  THE  [a.   D.   1G17. 

in  his  sermon  upon  these  matters,  condemning  the  rites  re- 
ceived in  the  Church  of  England,  and  praying  God  to  save 
Scotland  from  the  same.  This  reported  to  the  king  by  some 
of  the  English  doctors  that  were  his  hearers,  he  became 
greatly  incensed.  But  the  ministers,  not  contented  with  this, 
did  the  same  day  in  the  afternoon  tumultuously  convene  and 
form  a  protestation  in  the  words  following  : — 

"  J.Iost  gracious  and  dread  Sovereign,  most  honourable 
Lords  and  remanent  Commissioners  of  this  present  Parlia- 
ment, we  the  ministers  of  Christ's  evangel,  being  here  con- 
vened from  all  the  parts  of  this  your  majesty's  kingdom,  do 
in  all  reverence  and  submission  entreat  your  majesty's  and 
honour's  patient  and  favourable  hearing  of  this  our  reasonable 
and  humble  supplication.  And  first  it  will  please  your  high- 
ness and  honourable  Estates  presently  convened  to  be  in- 
formed, that  we  are  here  a  number  of  the  ministry  out  of 
all  the  parts  of  the  kingdom,  and  that  the  bishops  have 
protested  to  a  great  many  of  us  since  our  coming,  that 
nothing  should  be  agreed  nor  consented  unto  by  them  in  this 
present  parliament,  in  matters  concerning  the  discipline  and 
order  of  the  Church,  without  our  knowledge  and  advice, 
affirming  that  neither  we  nor  they  have  any  power  to 
consent  to  any  novation  or  smallest  change  of  the  order 
estabhshed,  without  the  advice  of  the  General  Assembly ; 
whereupon  we  resting  in  security,  have  received  a  sudden 
report  of  an  article  to  pass  for  a  law  in  this  parliament, 
decerning  and  declaring  that  your  majesty,  Avitli  the  advice 
of  the  archbishops  and  bishops,  and  such  a  competent  number 
of  the  ministry  as  your  majesty  out  of  your  wisdom  should 
think  expedient,  shall  in  all  time  coming  have  full  power  to 
advise  and  conclude  all  matters  of  decency,  and  wdiich  any 
way  may  concern  the  policy  of  the  Church,  and  that  such 
conclusions  shall  have  the  strength  and  power  of  laws 
ecclesiastical ;  wherein  it  will  please  your  majesty  and 
honourable  Estates  to  hear  our  just  griefs,  and  to  consider 
our  reasonable  desires,  and  not  to  put  us,  your  majesty's 
humble  subjects,  to  that  poor  and  simple  part  of  protestation, 
which,  if  remedy  be  not  provided,  we  shall  be  forced  to  use, 
fur  the  freedom  of  our  Church  and  discharge  of  our  con- 
sciences. 


A.  D.  1617.]  CHURCH  OF  SCOTLAND.  243 

"  We  then  first  plead  our  reformation,  and  that  the  purity 
of  our  Church  iu  doctrine,  ministration  of  the  sacraments, 
discipline  and  all  convenient  order,  with  the  host  reformed 
churches  in  Europe,  hath  been  acknowledged  rather  as  a 
pattern  to  be  followed  of  others,  than  that  we  should  seek 
our  reformation  from  those  that  never  attained  to  that  per- 
fection which  we,  by  the  mercy  of  God,  this  long  time  past 
have  enjoyed  under  your  highness's  protection. 

"  Next  we  plead  the  hberty  of  our  Church,  which,  by  the 
laws  of  your  majesty's  kingdom  and  divers  Acts  of  Parlia- 
ment, is  established  with  power  of  public  meetings  and 
annual  assemblies,  and  allowance  to  make  canons  and  consti- 
tutions, such  as  may  serve  for  the  comely  order  thereof;  all 
which  by  this  conclusion  that  is  intended  will  be  utterly  over- 
thrown. 

"  Thirdly,  we  plead  for  the  peace  and  tranquiUity  of  our 
Church,  that,  being  nearest  the  divine  and  apostolical  insti- 
tution, hath  lived  without  schism  and  rent  in  itself,  and  by 
introduction  of  any  novelty  against  order  may  be  miserably 
divided,  aud  so  our  peace  broken. 

"  Fourthly,  we  have  been  at  divers  times  sufficiently 
secured  from  all  suspicions  of  innovation,  and  specially  by 
your  majesty's  letter  sent  down  this  last  winter,  to  take 
away  all  fear  of  any  alteration  which  might  arise  upon  your 
majesty's  lovingly-intended  journey  ;  which  letter,  by  your 
majesty's  special  will  and  direction  of  your  highness's  council, 
was  intimated  in  pulpits  ;  as  also  by  that  proclamation  given 
out  the  twenty -sixth  of  September  1616,  when  rumours  of  an 
intended  conformity  with  the  Church  of  England  were  dis- 
persed, whereby  your  majesty  sufficiently  avoided  all  such 
suspicion,  and  settled  the  hearts  of  honest  men  in  a  confidence 
that  no  such  thing  should  be  attempted. 

"  These  and  many  other  reasons  have  moved  us  in  all 
reverence,  by  this  our  humble  supplication,  to  entreat  your 
highness  and  honourable  Estates,  not  to  suffer  the  afore- 
named article,  or  any  other  prejudicial  to  our  former 
liberties,  to  pass  at  this  time,  to  the  grief  of  this  poor  Church ; 
that  the  universal  hope  of  thousands  in  this  land,  who  re- 
joiced at  your  majesty's  happy  arrival,  be  not  turned  into 
mourning  ;  wherein  as  we  are  earnest  supplicants  to  God  to 
incline  your  majesty's  heart  this  way,  as  the  most  expedient 


244  THE  HISTORY  OF  THE  [a.  D.  1617 

for  the  honour  of  God  and  weal  of  your  subjects,  so  if  we 
shall  be  frustrated  of  this  our  reasonable  desire,  then  do  we  in 
all  humility  (with  that  dutiful  acknowledgment  of  our  loyalty 
to  your  majesty  as  becometh)  protest  for  ourselves  and  all 
our  brethren  that  shall  adhere  to  this  our  protestation,  that 
as  we  are  free  of  the  same,  so  must  we  be  forced  rather  to 
incur  the  censure  of  your  majesty's  law,  than  to  admit  or 
obtemper  any  imposition  that  shall  not  flow  from  the  Church 
orderly  convened,  or  others  having  power  from  the  same." 

This  protestation  was  subscribed  by  Mr  Archibald  Simp- 
son, minister  at  Dalkeith,  in  name  of  the  brethren  and 
supplicants.  In  another  paper,  the  ministers  who  were 
present  set  down  their  names  each  of  them  with  his  own 
hand,  for  a  testimony  of  their  concurrence,  which  was  com- 
mitted to  the  said  Mr  Archibald  in  custody.  But  as  it 
falleth  out  in  things  unadvisedly  done,  and  in  the  heat  of 
humour,  the  principals  in  that  business,  quickly  forethinking 
that  which  they  had  done,  came  the  next  morning  eai'ly  to 
the  archbishop  of  St  Andrews,  entreating  him  to  stop  the 
presenting  thereof,  which  they  showed  he  might  easily  do, 
by  taking  the  same  from  Mr  Peter  Hewet,  in  whose  hands 
it  was  given  to  present. 

This  man,  being  one  of  the  ministers  of  Edinburgh,  had 
lately  before  been  preferred  to  the  abbacy  of  Crossraguel, 
and  having  thereby  a  place  in  the  Parliament  House,  was 
held  the  most  fitting  to  present  the  protestation,  which  he 
willingly  undertook  ;  for  he  loved  ever  to  be  meddling,  and 
was  always  set  to  make  trouble.  The  parliament  was  that 
day  to  close,  and  the  archbishop  knowing  how  ill  the  king 
would  take  their  doing,  went  the  more  timely  to  the  palace  : 
where  meeting  with  the  abbot,  he  asked  him  concerning  the 
protestation,  desiring  to  see  it ;  and  having  perused  a  few 
lines,  began  to  rebuke  him  for  taking  in  hand  such  a  busi- 
ness. He  making  some  excuse,  and  saying,  it  was  a  protesta- 
tion only  which  could  not  offend,  put  forth  his  hand  to  take 
back  the  paper  ;  but  the  archbishop  holding  it  fast,  the 
protestation  was  nearly  rent  betwixt  them.  It  happened  one 
of  the  grooms  (called  John  Livingston)  to  see  them  at  strife, 
for  they  had  met  in  the  private  gallery  near  to  his  majesty's 
chamber,   who  showing  the   king  what   he   had   seen,   his 


\ 


A.  D,    1617.]  CHURCH  OF  SCOTLAND,  245 

majesty  came  forth,  being  as  yet  uDdresscd,  and  asked  what 
the  matter  was.  The  archbishop  answered,  "  That  a  num- 
ber of  ministers  having  fi-amed  a  protestation  against  the 
article  of  his  majesty's  prerogative,  had  given  it  to  the  man 
that  he  had  made  abbot  to  present,  and  that  he  had  under- 
taken to  do  the  same  ;  for  which  he  had  been  chiding  him, 
it  being  an  un dutiful  part  in  him,  without  once  signifying 
the  matter  to  his  ordinary,  to  take  such  a  business  in  hand." 

The  man  falling  upon  his  knees  and  trembhng,  said, 
"  That  he  supposed  the  protestation  would  never  offend  his 
majesty,  aud  that  he  had  promised  to  present  the  same  in 
parliament ;  but  now  that  it  appeared  to  him  otherwise,  he 
would  no  more  meddle  therewith." 

The  king  taking  the  protestation  and  perceiving  it  sub- 
scribed by  one  only  minister,  inquired  who  those  others 
were  that  convened.  The  abbot  answered  that  they  had  all 
signed  a  paper  besides,  which  the  subscriber  kept  by  him  for 
his  warrant.  Then  the  king,  commanding  the  bishop  to  keep 
the  protestation,  went  to  prepare  himself  for  the  meeting, 
and  suspecting  that  some  other  might  come  and  protest 
against  the  article,  commanded  the  Register,  Sir  George 
Hay  (who,  upon  the  death  of  Sir  Alexander  Hay,  had  been 
preferred  to  the  office  the  year  before),  to  pass  by  that 
article  as  a  thing  no  way  necessary,  the  prerogative  of  his 
crown  bearing  him  to  more  than  was  declared  by  it.  Thus, 
■when  the  hour  of  meeting  came,  the  Register,  as  he  was  com- 
mauded,  laying  by  that  article,  caused  read  the  others  that 
were  concluded,  as  the  custom  is,  and  the  same  being  assented 
to  by  the  Estates,  were  ratified  by  his  majesty.  Thereafter, 
the  king  in  a  most  grave  speech,  having  commended  the 
execution  of  the  laws  made  to  the  Judges  and  other  inferior 
magistrates,  gave  the  Estates  a  most  kind  and  loving  fare- 
well. 

The  same  night  the  bishops  had  warning  given  them 
to  meet  his  majesty  at  St  Andrews  the  tenth  of  July, 
whither  he  minded  to  call  the  principal  ministers  also,  that 
they  might  know  his  mind  before  he  went  away.  The  diet 
held  as  was  appointed,  and  there  assembled  with  the  bishops 
the  ministers  of  chief  account,  to  the  number  of  thii'tj^-six, 
who  being  convened  in  the  chapel  of  the  castle,  the  king  did 
speak  to  them  to  this  purpose  : — 


246  THE  HISTORY  OF  THE  [a.  D.  1617. 

"  What  and  how  great  my  care  hath  been  for  this  Church, 
as  well  before  as  since  ray  going  into  England,  is  so  well 
known  to  you  all,  a.s  I  neither  need,  nor  do  I  mean  to  speak 
much  of  it,  lest  any  should  think  I  am  seeking  thanks  for 
that  I  have  done.  It  sufficeth  me  that  God  knows  my  in- 
tention is,  and  ever  was,  to  have  his  true  worship  maintained, 
and  a  decent  and  comely  order  established  in  the  Church. 
But  of  you  I  must  complain,  and  of  your  causeless  jealousies, 
even  when  my  meaning  towards  you  is  best.  Before  my 
coming  home  to  visit  this  kingdom,  being  advertised  that  in 
your  last  Assembly  an  act  was  made  for  gathering  the  canons 
of  the  Church,  and  putting  them  in  form,  I  desired  a  few 
articles  to  be  inserted  ;  one  was  for  the  yearly  commemora- 
tion of  our  Saviour  his  greatest  blessings  bestowed  upon 
mankind,  as  his  nativity,  passion,  resurrection,  ascension,  and 
the  descent  of  the  Holy  Spirit ;  another  for  the  private 
use  of  both  sacraments  in  urgent  and  necessary  cases;  a 
third  for  the  reverent  administration  of  his  holy  supper  ;  and 
a  fourth  for  catechizing  and  confirming  young  children  by 
bishops.  It  was  answered,  that  these  particulars  had  not 
been  moved  in  any  of  the  Church  Assemblies,  and  so  could  not 
be  inserted  with  the  rest ;  which  excuse  I  admitted,  and  was 
not  minded  to  press  them  any  more  till  you,  after  advice,  did 
give  your  consent  thereto  ;  yet  when  in  the  late  parliament 
I  desired  my  prerogative  to  be  declared  in  the  making  of  the 
ecclesiastical  laws,  certain  of  your  number  did  mutinously 
assemble  themselves,  and  form  a  protestation  to  cross  my 
just  desire.  But  I  will  pass  that  amongst  many  other  wrongs 
I  have  received  at  your  hands.  The  errand  for  which  I 
have  now  called  you  is,  to  hear  what  your  scruples  are  in 
these  points,  and  the  reasons,  if  any  you  have,  why  the 
same  ought  not  to  be  admitted.  I  mean  not  to  do  any 
thing  against  reason  ;  and,  on  the  other  part,  my  demands 
being  just  and  religious,  you  must  not  think  that  I  will  be 
refused  or  resisted.  It  is  a  power  innated,  and  a  special 
prerogative  which  we  that  are  Christian  kings  have,  to  order 
and  dispose  of  external  things  in  the  policy  of  the  Church, 
as  we  by  advice  of  our  bishops  shall  find  most  fitting ;  and 
for  your  approving  or  disapproving,  deceive  not  yourselves, 
I  will  never  regard  it,  unless  you  bring  me  a  reason  which  1 
cannot  answer." 


A.  D.   1G17.]  CHUKCII   OF  SCOTLAND.  247 

The  ministers,  at  these  words,  fixlling  on  their  knees,  did 
beseech  his  majesty  to  think  of  them  as  his  most  humble  and 
obedient  subjects,  and  to  permit  them  to  confer  a  little  space 
among  themselves,  that  they  might  return  with  an  uniform 
answer.  This  granted,  they  went  to  the  parish  church,  and 
after  some  two  hours  returned,  making  petition  for  a  General 
Assembly,  wherein  these  articles  being  proponed  might  be 
with  a  common  consent  received.  The  king  asking  "  what 
assurance  he  might  have  of  their  consenting,"  they  answered, 
"  that  they  found  no  reason  to  the  contrary,  and  knew  the 
Assembly  would  yield  to  any  reasonable  thing  demanded  by 
his  majesty."  "  But  if  it  fall  out  otherwise,"  said  the  king, 
"  and  that  the  articles  be  refused,  my  difficulty  shall  bo 
greater,  and  when  I  shall  use  my  authority  in  establishing 
them,  they  shall  call  me  a  tyrant  and  persecutor."  All 
crying  that  none  could  be  so  mad  as  to  speak  so,  "  Yet  ex- 
perience," says  the  king,  "  tells  me  it  may  be  so  ;  therefore 
unless  I  be  made  sure,  I  will  not  give  way  to  an  Assembly." 
Mr  Patrick  Galloway  saying,  that  the  bishop  of  St  Andrews 
should  assure  for  them,  the  bishop  refused,  for  that  he  had 
been  deceived  by  them,  they  having  against  their  promise  in 
the  time  of  parliament  taken  the  course  which  they  did. 
Then  said  Mr  Patrick,  "  If  your  majesty  will  trust  me,  I 
will  assure  for  the  ministers."  The  king  replying  that  he 
would  trust  him,  it  was  condescended  that  an  Assembly 
should  be  called  for  that  end,  at  St  Andrews,  the  twenty- 
fifth  of  November  next. 

Mr  Archibald  Simpson,  the  subscriber  of  the  protestation, 
had  been  called  to  this  meeting,  but  falling  sick  by  the  way, 
he  excused  himself  by  a  letter,  and  therein  was  earnest  to 
have  the  brethren  oppose  the  articles,  which  he  called  tricas 
Anglicanas,  using  some  other  disdainful  words.  The  letter 
being  showed  to  the  king,  he  asked  for  the  bearer.  This 
was  Mr  David  Calderwood,  who,  carrying  himself  unreve- 
rently,  and  breaking  forth  into  speeches  not  becoming  a  sub- 
ject, was  committed  in  the  town-house  of  St  Andrews,  and 
afterwards  banished  the  kingdom.  Simpson  for  his  letter 
was  warded  in  the  castle  of  Edinbui-gh,  where  he  remained 
unto  December  following. 

The  king  after  this,  taking  his  journey  to  London  by  the 
west  parts,  was  all  the  Avay  through  Scotland  royally  enter- 


248  THE  IllS'iOIlY  OF  THE  [a.  d.  1G17. 

tained,  and  at  Dumfries  had  a  farewell  sermon  preached  by 
the  bishop  of  Galloway,  which  made  the  hearers  to  burst 
out  in  many  tears. 

When  the  diet  of  the  Assembly  came,  the  earl  of  Had- 
dington and  viscount  of  Stormont  were  sent  thither  as  com- 
missioners from  his  majesty.  The  archbishop  made  the  ex- 
hortation, "  wherein  having  deduced  the  story  of  the  Church 
from  the  time  of-  Reformation,  he  showed  that  the  greatest 
hindrance  the  Church  received  proceeded  from  the  ministers 
themselves,  who  for  the  pleasure  of  ill-disposed  i)cople  spared 
not  to  provoke  his  majesty  to  just  anger,  exhorting  them  for 
the  glory  of  God,  the  honour  of  the  gospel  and  their  own 
good,  to  take  another  com'se,  and  prefer  the  favour  of  their 
king,  under  whom  they  enjoyed  so  many  blessings,  to  the 
vain  applause  of  factious  persons." 

It  seemed  at  first  that  matters  should  have  gone  well. 
For  the  first  two  days  there  was  much  calmness,  and  the 
reasoning  very  formal  and  free ;  but  then  upon  a  motion 
to  delay  the  conclusion  to  another  Assembly,  that  the  minis- 
ters might  have  time  to  inform  the  people  of  the  equity  of 
the  articles,  the  greater  part  went  that  way,  and  almost  all 
cried  for  a  delaj'. 

His  majesty's  commissioners  declaring  that  the  king  would 
take  in  ill  part  the  delay,  and  that  nothing  should  be  done, 
considering  the  promises  they  had  made,  if  a  General  Assem- 
bly should  be  granted,  to  receive  the  whole  articles,  a  fashion 
Avas  made  of  condescending  to  private  communion,  and  the 
ministers  ordained  to  give  the  elements  in  the  ministration  of 
the  holy  supper  out  of  their  own  hands  to  the  people  ;  which 
two  acts,  with  a  letter  of  excuse  for  the  continuance  of  the 
rest,  were  sent  to  his  majesty.  How  the  same  was  accepted 
may  appear  by  the  answer  that  came  a  few  days  after,  which 
was  this : — 

"  We  have  received  your  letter,  and  thereby  understand 
what  your  proceedings  have  been  in  that  Assembly  of  St 
Andrews ;  concerning  which  we  will  have  you  know,  that 
we  are  come  to  that  age  as  we  will  not  be  content  to  be  fed 
with  broth,  as  one  of  your  coat  was  wont  to  speak,  and  think 
this  your  doing  a  disgrace  no  less  than  the  protestation  it- 
self. Wherefore  it  is  our  pleasure,  and  we  command  you, 
as  you  will  avoid  our  high  displeasure,  the  one  of  you  by 


A.  D.   1()17.]  CHURCH  OF  SCOTLAND.  249 

your  deputy  in  St  Andrews,  and  by  yourself  in  Edinburgh,  and 
the  other  of  you  in  Glasgow,  keep  Christmas-day  precisely, 
yourselves  preaching,  and  choosing  your  texts  according  to  the 
time.  And  likewise,  that  ye  discharge  all  modification  of  sti- 
pends for  this  year  to  any  minister  whatsoever,  such  excepted 
as  have  testified  their  affection  to  our  service  at  this  time,  by 
farthering  at  their  power  the  acceptation  of  the  articles  pro- 
posed ;  and  in  the  premises  willing  you  not  to  fail,  we  bid 
you  farewell. — Newmarket,  the  sixth  of  December,  1617." 

In  a  postscript  to  the  same  letter,  it  was  said — "  So  many 
bishops  as  you  can  get  warned  in  time  to  preach  at  their  sees 
on  Christmas-day,  urge  them  to  it.  Thus  much  in  haste  for 
this  time ;  after  two  or  three  days  ye  shall  hear  further  from 
us."  With  his  majesty's  own  hand,  after  all,  was  written — 
"  Since  your  Scottish  Church  hath  so  far  contemned  my  cle- 
mency, they  shall  now  find  what  it  is  to  draw  the  anger  of 
a  king  upon  them." 

This  letter  was  directed  to  the  archbishops  of  St  Andrews 
and  Glasgow.  The  other  which  followeth  to  St  Andrews 
him  alone. 

"  After  we  had  commanded  the  despatch  of  our  other  let- 
ter, we  received  an  extract  concluded  (we  know  not  how)  in 
your  Assembly,  and  subscribed  by  the  clerk  thereof;  the 
one  concerning  private  communion,  and  the  otlier  touching 
the  form  to  be  used  at  the  receiving  of  the  holy  sacrament ; 
both  so  hedged,  and  conceived  in  so  ridiculous  a  manner,  as 
besides  tliat,  of  the  whole  articles  proponed,  these  two  were 
the  least  necessary  to  have  been  urged  and  hastened,  the 
scornful  condition  and  form  of  their  grant  makes  us  justly  wish 
that  they  had  been  refused  with  the  rest.  For  in  the  first 
place,  concerning  the  communion  allowed  to  sick  persons,  be- 
sides the  number  required  to  receive  with  such  patients,  and 
a  necessity  tying  them  upon  oath  to  declare  that  they  truly 
think  not  to  recover,  but  to  die  of  that  disease,  they  are  yet 
farther  hedged  in  with  a  necessity  to  receive  the  sacrament 
(in  case  aforesaid  to  be  ministered  unto  them)  in  a  convenient 
room ;  which  what  it  importeth  we  cannot  guess,  seeing  no 
room  can  be  so  convenient  for  a  sick  man  (sworn  to  die)  as 
his  bed,  and  that  it  were  injurious  and  inhumane  from  thence 
in  any  case  to  transport  him,  were  the  room  never  so  neat 
and  handsome  to  which  they  should  carry  him. 


250  THE  HISTOUY  OF  THE  [a.  d.  1617. 

"  And  as  to  that  other  Act,  ordaining  the  minister  himself 
to  give  the  elements,  in  the  celebration,  out  of  his  own  hand  to 
every  one  of  the  communicants,  and  that  he  may  perform 
this  the  more  commodiously,  by  the  advice  of  the  magistrates 
and  honest  men  of  his  session,  to  prepare  a  table  at  which 
the  same  may  be  conveniently  ministered ;  truly  in  this  we 
must  say  that  the  minister's  ease  and  commodious  sitting  on 
his  tail  hath  been  more  looked  to  than  that  kneeling  which, 
for  reverence,  we  directly  required  to  be  enjoined  to  the 
receivers  of  so  divine  a  sacrament ;  neither  can  we  conceive 
what  should  be  meant  by  that  table,  unless  they  mean  to  make 
a  round  table  (as  did  the  Jews)  to  sit  and  receive  it.  In  con- 
clusion, seeing  either  we  and  this  Church  here  must  be  held 
idolatrous  in  this  point  of  kneeling,  or  they  reputed  rebel- 
lious knaves  in  refusing  the  same,  and  that  the  two  fore- 
said acts  are  conceived  so  scornfully,  and  so  far  from  our 
meaning,  it  is  our  pleasure  that  the  same  be  altogether  sup- 
pressed, and  that  no  effect  follow  thereupon.  So  we  bid  you 
farewell. — Neiuinarket,  the  11th  of  December,  1617." 

These  letters  were  accompanied  with  another  to  the  coun- 
cil, for  "  inhibiting  the  payment  of  stipends  to  any  of  the 
rebellious  ministers  refusers  of  the  said  articles  either  in 
burgh  or  landward,  till  they  did  show  their  conformity,  and 
that  the  same  was  testified  by  the  subscriptions  of  the  pri- 
mate or  ordinary  bishop."  Wliich  letters  being  showed  to 
the  ministers  of  Edinburgh,  and  others  that  happened  to  re- 
pair to  that  city  for  augmentation  of  stipends,  did  cast  them 
into  a  great  fear  ;  and  repenting  their  wilfulness,  as  they  had 
reason,  became  requesters  to  the  archbishop  of  St  Andrews 
to  preach  as  he  was  commanded  on  Christmas-day  at  Edin- 
burgh, trusting  his  majesty  should  be  mitigated  by  his  obe- 
dience and  intercession  for  the  rest.  Neither  did  he  fail  to 
use  his  best  means  for  diverting  the  king  from  these  rigorous 
courses,  and  after  a  little  time  (so  loath  was  his  majesty  to 
exerce  any  rigour  against  ministers)  obtained  a  warrant 
for  staying  the  execution  of  the  former  letters,  till  their  be- 
haviour should  be  tried  in  the  particular  synods,  and  their 
disposition  for  accepting  the  articles. 

.  Mr  Archibald  Simpson,  who  all  this  while  remained  pris- 
oner in  the  castle  of  Edinburgh,  hearing  that  the  king  was 
so  greatly  displeased,  did  supplicate  the  lords  of  his  majesty's 


A.  D.  1618.]  CHUUCH   or  SCOTLAND,  251 

commission  (by  whose  command  ho  was  committed)  for 
liberty,  "  promising  not  to  fall  again  in  the  like  errors,  and 
professing  a  great  sorrow  for  his  meddling  with  the  protes- 
tation ;  as  likewise  for  writing  that  letter  wherein  he  had 
taxed  the  Church  of  England."  Being  brought  before  the 
commission,  after  he  had  set  his  hand  to  his  supplication,  he 
was  permitted  to  return  to  his  charge  at  Dalkeith.  Yet  ere 
many  days  passed,  finding  the  countenances  of  the  holy  breth- 
ren cast  down  upon  him,  he  dispersed  an  apologetic  (as  he 
entitled  it),  wherein,  making  a  gloss  upon  every  word  of  his 
confession,  he  concluded,  "  that  whatsoever  weakness  or 
frailty  had  befallen  him,  he  hoped  to  be  like  Peter,  qui  ore 
7iegavit,  et  corde  confessus  est,  and  never  to  betray  the  Lord's 
cause  with  Judas."  This  I  have  remembered  by  the  way, 
to  make  the  humours  of  these  men  seen,  and  the  small  re- 
gard they  take  of  saying  and  gainsaying,  when  it  maketh 
for  their  purpose. 

But  to  proceed.  The  bishops,  upon  advertisement  given 
them,  convened  at  Edinburgh  the  twenty -ninth  of  January, 
and  considering  the  hurt  that  the  Church  might  receive 
if  the  commission  granted  in  parliament  for  provision  of 
ministers  (which  was  to  expire  at  Lammas  next)  should 
take  no  effect,  did  by  a  common  letter  entreat  his  majesty 
for  a  warrant  to  proceed  in  that  commission,  giving  hopes 
that,  in  their  synods,  they  should  induce  the  ministers  to 
obey. 

The  answer  returned  in  February  next  was  to  this  effect : 
— "  That  howbeit  his  majesty  did  interpret  well  their  doings, 
as  intended  for  the  good  of  his  service ;  yet,  considering  the 
obstinate  resistance  of  the  ministers  to  all  his  just  and  reli- 
gious desires,  he  could  not  expect  any  thing  from  them  in 
their  meetings  but  a  farther  expression  of  their  former  mis- 
behaviour. Not  the  less  as  he  had  once  already,  upon  the 
archbishop  of  St  Andrews  his  entreaty,  suspended  the  exe- 
cution of  his  last  directions,  so  at  their  requests  he  was 
pleased  that  the  commissioners  for  stipends  should  meet  and 
go  on  with  the  providing  of  churches,  they,  in  the  meantune, 
in  their  own  persons  and  in  their  own  cathedrals,  observing 
the  festivities  that  should  intervene  betu-ixt  and  the  synods, 
and  ministering  the  holy  communion  with  the  reverence  re- 
quired, at  the  feast  of  Easter  next."     Thus  were  matters 


252  THH  iiisTouy  OF  THE  [a.  u.  IGIS. 

pacified  for  that  time,  and  the  commission  for  augmentation 
of  stipends  by  the  warrant  of  this  letter  put  in  practice. 

INIost  of  tlie  next  summer  was  spent  in  that  work,  but  witli 
greater  detriment  than  benefit  to  the  Church;  for  what 
augmentation  soever  was  granted,  the  same  was  recompensed 
to  the  givers  by  prorogation  of  their  former  leases  for  num- 
bers of  years,  and  thei-eby  the  Church  more  damnified  than 
bettered. 

In  the  synods  all  things  were  carried  with  reasonable  quiet- 
ness, so  as,  upon  the  bishop's  humble  request,  license  was 
granted  for  meeting  in  a  General  Assembly,  and  the  same 
indicted  at  Perth  the  tv«  cnty-fifth  of  August.  The  Lords 
Haddington,  Carnegy,  and  Scone,  were  commissioners  in 
this  Assembly  for  the  king,  who,  upon  the  end  of  the  sermon, 
presented  his  majesty's  letter,  conceived  as  followeth  : — 

"  We  were  once  fully  resolved  never  in  our  time  to  have 
called  any  more  Assemblies  there  for  ordering  things  con- 
cerning the  policy  of  the  Church,  by  reason  of  the  dis- 
grace offered  unto  us  in  that  late  meeting  at  St  Andrews, 
wherein  our  just  and  godly  desires  were  not  only  neglected, 
but  some  of  the  articles  concluded  in  that  scornful  manner,  as 
we  wish  they  had  been  refused  with  the  rest ;  yet  at  this 
time  we  have  sufi"ered  ourselves  to  be  entreated  by  you  our 
bishops  for  a  new  convocation,  and  have  called  you  together 
who  are  now  convened  for  the  self-same  business  v.hich  then 
was  urged,  hoping  assuredly  that  you  will  have  some  better 
regard  to  our  desires,  and  not  permit  the  unruly  and  igno- 
rant multitude,  after  their  wonted  custom,  to  oversway  the 
better  and  more  judicious  sort ;  an  evil  which  we  have  gone 
about  with  much  pains  to  have  had  amended  in  these  Assem- 
blies ;  and  for  that  purpose,  according  to  God's  ordinance 
and  the  constant  practice  of  all  well-governed  churches,  we 
have  placed  you  that  are  bishops  and  overseers  of  the  rest, 
in  the  chiefest  rooms.  You  plead  much,  we  perceive,  to 
have  tilings  done  by  consent  of  the  ministers,  and  tell  us 
often,  that  what  conccrneth  the  Church  in  general  should  be 
concluded  by  the  advice  of  the  whole ;  neither  do  we  alto- 
gether dislike  your  opinion,  for  the  greater  is  your  consent 
the  better  are  wc  contented.  But  we  will  not  have  you  to 
think,  that  matters  proponed  by  us  of  the  nature  whereof 


A.  1).   1G18.]  OIIUUCH  OF  SCOTLAND.  253 

these  articles  are,  may  not  without  such  a  general  consent  be 
enjoined  by  our  authority. 

"  This  were  a  mis-knowing  of  your  places,  and  withal  a 
disclaiming  of  that  innate  power  which  we  have  by  our  call- 
ing from  God,  whereby  we  have  place  to  dispose  of  things 
external  in  the  Church  as  we  shall  think  them  to  be  conveni- 
ent, and  profitable  for  advancing  true  religion  among  our  sub- 
jects. Wherefore  let  it  be  your  care,  by  all  manner  of  Avise 
and  discreet  persuasions,  to  induce  them  to  an  obedient  yield- 
ing to  these  things,  as  in  duty  both  to  God  and  us  they 
are  bound ;  and  do  not  think  we  will  be  satisfied  with  de- 
lays, mitigations,  and  other,  we  know  not  what,  shifts  have 
been  proponed ;  for  we  will  not  be  content  with  any  thing 
but  a  simple  and  direct  acceptation  of  these  articles  in  the 
form  sent  by  us  unto  you  a  long  time  past,  considering  both 
the  laM'fulness  and  undeniable  convenience  of  them,  for  the 
better  furtherance  of  piety  and  religion,  the  estabhshing 
whereof  it  had  rather  have  becomed  you  to  beg  of  us,  than 
that  we  should  have  needed  thus  to  urge  the  practice  of  them 
upon  you. 

"  These  matters  indeed  concern  you  of  the  ecclesiastical 
charge  chiefly  ;  neither  would  we  have  called  noblemen, 
barons,  and  others  of  our  good  subjects  to  the  determination 
of  them,  but  that  we  understand  the  offence  of  our  people  hath 
been  so  much  objected  ;  wherein  you  must  bear  with  us  to 
say,  that  no  kingdom  doth  breed,  or  hath  at  this  time  more 
loving,  dutiful,  and  obedient  subjects  than  we  have  in  that 
our  native  kingdom  of  Scotland  ;  and  so,  if  any  disposition 
hath  appeared  to  the  contrary  in  any  of  them,  we  hold  the 
same  to  have  proceeded  from  among  you,  albeit  of  all  sorts 
of  men  ye  are  they  that  both  of  duty  were  bound,  and  by 
particular  benefits  obliged,  to  have  continued  yourselves,  and 
confirmed  others  by  sound  doctrine  and  exemplary  life,  in  a 
reverent  obedience  to  our  commandments.  What  and  how 
many  abuses  were  offered  us  by  divers  of  the  ministry 
there,  before  our  happy  coming  to  the  crown  of  England,  we 
can  hardly  forget,  and  yet  like  not  much  to  remember ; 
neither  think  we  that  any  prince  living  should  have  kept 
himself  from  falling  in  utter  dislike  with  the  profession  itself, 
considering  the  many  provocations  that  were  given  unto  us ; 
but  the  love  of  God  and  his  truth  still  upheld  us,  and  will 


254  THE  HISTORY   OF  THE  [a.  D.   1618. 

by  his  grace  so  do  unto  the  end  of  our  life.  Our  patience 
always  in  forgetting  and  forgiving  of  many  faults  of  that 
sort,  and  constant  maintaining  of  true  religion  against  the 
adversaries  (by  whose  hateful  practices  we  live  in  greater 
peril  than  you  all  or  any  of  you),  should  have  produced 
better  effect  among  you  than  continual  resistance  of  our  best 
purposes.  We  wish  that  we  be  no  more  provoked,  nor  the  truth 
of  God  which  you  teach  and  profess  any  longer  slandered,  by 
such  as  under  the  cloak  of  seeming  holiness  walk  disorderly 
amongst  you,  shaking  hands  as  it  were  and  joining  in  this 
their  disobedience  to  magistracy  with  the  upholders  of  popery. 
In  sum,  our  hearty  desire  is,  that  at  this  time  you  make  the 
world  see  by  your  proceedings  what  a  dutiful  respect  you 
bear  to  us  your  sovereign  prince,  and  natural  king  and  lord ; 
that  as  we  in  love  and  care  are  never  wanting  to  you,  so  ye 
in  an  humble  submission  to  our  so  just  demands  be  not  found 
inferior  to  others  our  subjects  in  any  of  our  kingdoms.  And 
that  the  care  and  zeal  of  the  good  of  God's  Church,  and  of 
the  advancing  of  piety  and  truth,  doth  chiefly  incite  us  to  the 
following  of  these  matters,  God  is  our  witness ;  the  which 
that  it  may  be  before  your  eyes,  and  that  according  to  your 
callings  you  may  strive  in  your  particular  places,  and  in  this 
general  meeting,  to  do  those  things  which  may  best  serve  to 
the  promoving  of  the  gospel  of  Christ,  even  our  prayers  are 
earnest  unto  God  for  you ;  requiring  you  in  this  and  other 
things  to  credit  the  bearer  hereof,  our  trusty  servant  and 
chaplain,  the  dean  of  Winchester,  whom  Ave  have  expressly 
sent  thither,  that  he  may  bring  unto  us  a  certain  relation  of 
the  particular  carriages  of  all  matters,  and  of  the  happy  event 
of  your  meeting,  which,  by  God's  blessing  (who  is  the  God 
of  order,  peace,  and  truth),  we  do  assuredly  expect ;  unto 
whose  gracious  direction  we  commend  you  now  and  for  ever. 
"  Given  at  Theobalds,  the  10th  of  July  1618." 

The  letter  being  read  once  and  again,  as  the  custom  is  to 
do  with  letters  of  such  importance,  the  archbishop  of  St 
Andrews  resumed  shortly  the  heads  thereof,  advising  them, 
as  he  had  done  in  his  exhortation,  to  consider  the  inconve- 
niences they  should  draw  upon  the  Church  by  the  refusal  of 
the  articles.  After  which  the  rolls  being  called,  certain  of 
the  most  wise  and  discreet  ministers  were  set  apart  to  confer 


i 


A.  D.   1618.]  CHURCH   OF  SCOTLAND.  255 

Upon  the  articles.  How  matters  proceeded  in  the  said  As- 
sembly you  may  learn  by  the  defence  afterwards  published, 
in  answer  to  a  lying  and  seditious  pamphlet  that  came  forth 
in  print  against  the  conclusions  there  taken.  To  our  story 
it  shall  suffice,  that  after  long  reasoning,  first  in  the  confer- 
ence, and  then  in  the  full  Assembly,  the  Articles  were  con- 
cluded in  this  form  : — 

"  1.  Seeing  we  are  commanded  by  God  himself,  that  when 
we  come  to  worship  him,  we  fall  down  and  kneel  before  the 
Lord  our  Maker,  and  considering  withal  that  there  is  no 
part  of  divine  worship  more  heavenly  and  spiritual  than  is 
the  holy  receiving  of  the  blessed  body  and  blood  of  our  Lord 
and  Saviour  Jesus  Christ,  likeas  the  most  humble  and  re- 
verent gesture  of  our  body  in  our  meditation  and  the  lifting 
up  of  our  hearts  best  becometh  so  divine  and  sacred  an 
action ;  therefore,  notwithstanding  that  our  Church  hath  used 
since  the  reformation  of  religion  to  celebrate  the  holy  com- 
munion to  the  people  sitting,  by  reason  of  the  great  abuse  of 
kneeling  used  in  the  idolatrous  worship  of  the  sacrament  by 
the  papists,  yet  seeing  all  memory  of  bypast  superstitions  is 
past,  in  reverence  of  God  and  in  due  regard  of  so  divine  a 
mystery,  and  in  remembrance  of  so  mystical  an  union  as  we 
are  made  partakers  of,  the  Assembly  thinketh  good,  that  the 
blessed  sacrament  be  celebrated  hereafter,  meekly  and  rever- 
ently upon  their  knees. 

"  2.  If  any  good  Christian  visited  with  long  sickness,  and 
known  to  the  pastor,  by  reason  of  his  present  infirmity,  to  be 
unable  to  resort  to  the  Church  for  receiving  the  holy  com- 
munion, or  being  sick,  shall  declare  to  the  pastor,  upon  his 
conscience,  that  he  thinks  his  sickness  to  be  deadly,  and  shall 
earnestly  desire  to  receive  the  same  in  his  house,  the  minister 
shall  not  deny  him  so  great  a  comfort,  lawful  warning  being 
given  to  him  the  night  before,  and  that  there  be  three  or 
four  of  good  religion  and  conversation,  free  of  all  lawful 
impediments,  present  with  the  sick  person,  to  communicate 
with  him,  who  must  also  provide  a  convenient  place  in  his 
house,  and  all  things  necessary  for  the  reverent  administra- 
tion thereof,  according  to  the  order  prescribed  in  the  Church. 
•'  3.  The  minister  shall  often  admonish  the  people  that 
they   defer  not  the   baptizing  of  infants  any  longer  than 


256  THE  HISTORY  OF  THE  [a.  d.  1618. 

the  next  Lord's-day  after  the  child  be  born ;  unless,  upon  a 
great  and  reasonable  cause  declared  to  the  minister,  and  by 
him  approved,  the  same  be  continued.  As  also  they  shall 
warn  them,  that,  without  great  cause,  they  procure  not  their 
children  to  be  baptized  at  home  in  their  houses  ;  but  when 
great  need  shall  compel  them  to  baptize  in  private  houses  (in 
which  case  tlie  minister  shall  not  refuse  to  do  it,  upon  the 
knowledge  of  the  groat  need,  and  being  timely  required 
thereto),  then  baptism  shall  be  administered  after  the  same 
form  as  it  should  have  been  in  the  congregation  :  and  the 
minister  shall,  the  next  Lord's-day  after  any  such  private 
baptism,  declare  in  the  Church  that  the  infant  was  so  bap- 
tized, and  therefore  ought  to  be  received  as  one  of  the  true 
flock  of  Christ's  fold. 

"  4.  Forasmuch  as  one  of  the  special  means  for  staying  the 
increase  of  popery,  and  settling  of  true  religion  in  the  hearts 
of  people  is,  that  a  special  care  be  taken  of  young  chil- 
dren, their  education,  and  how" they  are  catechized  ;  which  in 
time  of  the  primitive  Church  most  carefully  was  attended,  as 
being  most  profitable  to  cause  young  children  in  their  tender 
years  drink  in  the  knowledge  of  God  and  his  religion,  but  is 
now  altogether  neglected,  in  respect  of  the  great  abuse  and 
errors  which  crept  into  the  popish  church  by  making  thereof 
a  sacrament  of  confirmation  ;  therefore,  that  all  superstitions 
built  thereupon  may  be  rescinded,  and  that  the  matter  itself, 
being  most  necessary  for  the  education  of  youth,  may  be 
reduced  to  the  primitive  integrity,  it  is  thought  good  that 
the  minister  in  every  parish  shall  catechize  all  young  chil- 
dren of  eight  years  of  age,  and  see  that  they  have  the  know- 
ledge and  be  able  to  make  rehearsal  of  the  Lord's  Prayer, 
Belief,  and  Ten  Command nw?nts,  with  answers  to  the  questions 
of  the  small  catechism  used  in  our  Church,  and  that  every 
bishop,  in  his  visitation,  shall  censure  the  minister  who  shall 
be  found  remiss  therein  ;  and  the  said  bishops  shall  cause  the 
said  children  to  be  presented  before  them,  and  bless  them 
with  prayer  for  the  increase  of  their  knowledge,  and  the 
continuance  of  God's  heavenly  graces  with  every  one  of  them. 

"  5.  As  we  abhor  the  superstitious  observation  of  festival 
days  by  the  papists,  and  detest  all  licentious  and  profane 
abuses  thereof  by  the  common  sort  of  professors,  so  we 
think  that  the  inestimal)le  benefits  received  from  God,  by 


1 


A.  D.  1618.]  CHURCH  OF  SCOTLAND.  257 

our  Lord  Jesus  Christ,  his  birth,  passion,  resurrection,  ascen- 
sion, and  sending  down  of  the  Holy  Ghost,  were  commend- 
ably  and  godly  remembered  at  certain  particular  days  and 
times  by  the  whole  church  of  the  world,  and  may  also  be 
now  ;  therefore,  the  Assembly  ordaineth  that  every  minister 
shall  upon  these  days  have  the  commemoration  of  the  fore- 
said inestimable  benefits,  and  make  choice  of  several  and  per- 
tinent texts  of  scripture,  and  frame  their  doctrine  and  exhor- 
tations thereto  ;  and  rebuke  all  superstitious  observation  and 
licentious  profanation  thereof." 

These  Articles  concluded,  order  was  given  to  intimate  the 
same  in  all  the  parish  churches,  and  the  ministers  enjoined  to 
inform  their  people  of  the  lawfulness  thereof,  and  exhort  them 
to  obedience.  But  this  being  neglected  of  the  greater  part, 
was  not  the  least  cause  of  the  distractions  that  ensued,  espe- 
cially in  the  Church  of  Edinburgh,  where  the  people  being 
still  fostered  in  an  opinion  that  their  ministers  would  not  go 
from  their  former  practice,  when  they  saw  them  give  obe- 
dience, withdrew  themselves  in  great  numbers,  and  ran  to 
seek  the  communion  from  other  ministers  they  knew  to  be 
refractory.  His  majesty  always,  upon  advertisement  that 
the  Articles  were  concluded,  caused  publish  the  same  at  the 
market-crosses  of  the  pi'incipal  burghs,  commanding  the  sub- 
jects to  obey  and  conform  themselves,  under  the  pain  of  his 
highness's  displeasure. 

At  the  same  time,  the  king  being  informed  that  the  earl  of 
Argyle  (who  the  summer  preceding  had  obtained  license, 
upon  a  pretext  of  some  infirmity,  to  go  unto  the  Spadan 
Wells)  was  revolted  from  the  religion,  and  that  he  enter- 
tained some  secret  practice  with  old  MacRannald  for  dis- 
turbing the  country,  did  recall  his  license,  and  ordained  him 
to  be  cited,  upon  threescore  days,  to  appear  before  the  coun- 
cil. He  not  appearing  at  the  time  appointed,  was  denounced 
rebel,  and  process  of  forfeiture  intended  against  him.  Whe- 
ther he  was  perverted  by  his  English  lady,  who  was  popish, 
or  that  to  gain  the  favour  of  Spain  he  did  change  his  reli- 
gion, is  doubtful ;  but  thereby  he  lost  his  majesty's  favour 
(who  could  never  endure  an  apostate  papist),  and  undid  his 
own  reputation.  Some  few  years  after  he  made  means  for 
his  peace,  and  was  permitted  to  return  unto  England. 

VOL,  in.  17 


258  THE  HISTORY  Ol"  THE  [a.  d.  1(JU>. 

In  the  month  of  November  a  comet  or  blazing  star  of  more 
than  ordinary  bigness  shined  many  nights  together.  It  was 
held  to  portend  great  calamities,  and  was  interpreted  by 
divers  to  have  foreshowed  the  troubles  that  shortly  after 
arose  in  Germany.  Bnt  as  every  one  is  ready  to  make  his 
own  construction  of  such  things,  some  with  us  did  take  it  to 
foretell  the  death  of  our  noble  Queen  Anne,  who  deceased 
some  months  after,  to  the  great  regret  of  all  honest  subjects ; 
a  courteous  and  humane  princess,  and  one  in  whom  there  was 
much  goodness. 

It  was  in  this  year  that  the  synod  of  Dordrecht,  in  Hol- 
land, was  gathered  for  repressing  the  Arrainians,  and  thither 
did  the  troublers  of  our  Church  (thinking  to  procure  their 
approbation)  direct  a  relation  of  the  government  of  the  Scot- 
tish Church.  But  the  synod  declining  all  questions  of  disci- 
pline, held  themselves  to  the  points  of  doctrine  controverted ; 
and  having  condemned  the  five  articles  wherein  the  Armi- 
nians  dissented  from  the  reformed  churches,  the  Acts  of  Perth 
Assembly  being  also  five  in  number,  it  was  given  out  among 
the  vulgar  sort,  that  they  had  condemned  the  synod  of  Perth ; 
and  for  a  time  was  the  people  entertained  by  some  ministers 
in  those  conceits.  The  relation  was  confuted  a  little  after, 
and  the  falsehood  thereof  discovered ;  yet  they  ceased  not 
by  their  Ubels  and  pamphlets  to  injure  the  most  worthy  men, 
and  among  others  the  bishop  of  Galloway,  whom  they  vexed 
so  with  their  papers,  as  he,  taking  the  business  more  to  heart 
than  was  needful,  fell  in  a  sickness,  whereof  he  deceased  in 
the  beginning  of  the  same  year.  An  excellent  and  ready 
preacher  he  was,  and  a  singular  good  man,  but  one  that 
affected  too  much  the  applause  of  the  popular.  The  good 
opinion  of  the  people  is  to  be  desired,  if  it  may  be  had  law- 
fully ;  but  when  it  cannot  be  obtained  (as  who  is  he  that  can 
please  all  men  and  at  all  times  ?)  the  testimony  of  a  well- 
informed  conscience  should  suffice.  Mala  opinio  bene  parta 
delectat,  said  Seneca,  an  ill  opinion  well  purchased  (that  is, 
for  sustaining  a  good  cause,  or  keeping  a  straight  course) 
shoidd  work  us  joy  and  delight,  not  grieve  us  at  all. 

Upon  the  death  of  Bishop  William  Cowper,  Mr  Andrew 
Lamb  was  translated  to  Galloway,  to  Avhom  succeeded  in 
Brechin  Mr  David  Lindsay,  then  minister  at  Dundee.  At 
Edinburgh,  betwixt  the  magistrates  and  ministers,  a  great 


A.  D.  1620.]  CHURCH  OF  SCOTLAND.  259 

strife  and  discontent  was  raised,  because  of  the  people's 
straying  from  their  churches,  at  which  the  magistrates  were 
thought  to  connive.  Their  usurpation,  besides,  in  church 
affairs,  especially  the  intruding  of  a  clerk  upon  the  church 
session,  did  minister  no  small  cause  of  offence.  The  matter 
was  brought  before  the  king,  where,  in  behalf  of  the  minis- 
ters, it  was  said,  "''  That  they  were  unkindly  entreated  for  the 
obedience  given  to  the  Acts  of  Perth  Assembly  ;"  the  magis- 
strates,  by  their  commissioner,  did  on  the  other  side  inform, 
"  That  the  ministers  were  the  cause  of  the  people's  disobedi- 
ence, some  of  them  having  directly  preached  against  the  Acts 
of  Perth,  and  all  of  them  affirmed  that  these  Acts  were  con- 
cluded against  their  hearts." 

His  majesty  remitting  the  trial  of  these  complaints  to  his 
secretary,  and  to  the  archbishops  of  St  Andrews  and  Glas- 
gow, whenas  they  had  examined  the  same,  it  appeared  that 
both  the  one  and  the  other  were  in  fault,  and  that  the  mis- 
takings  among  them  were  not  the  least  cause  of  the  disorders 
in  that  church,  whereupon  they  were  admonished  to  lay 
aside  their  grudges,  and  to  keep  one  course  for  the  retaining 
the  people  in  the  obedience  of  God  and  his  majesty.  The 
magistrates  and  council  were  likewise  commanded,  as  the 
king  had  given  direction,  to  provide  four  other  ministers, 
besides  those  that  were  in  present  service,  and  perfect  the 
division  of  the  town  in  parishes,  which  had  been  often  pro- 
mised. And  so  shortly  after  this,  were  Mr  William  Forbes, 
minister  at  Aberdeen,  Mr  John  Guthrie,  minister  at  Perth, 
Mr  John  Maxwell,  minister  at  Mortlach,  and  Mr  Alexander 
Thomson,  minister  at  Cambuslang,  translated  from  their 
several  churches,  and  placed  ministers  at  Edinburgh. 

The  next  year,  being  the  year  1620,  the  wars  of  Bohemia 
growing  hot,  and  the  Palatinate  invaded,  the  king  took  in 
mind  the  defence  of  his  daughter  and  grandchildren  in  their 
patrimony ;  and  because  a  supply  of  monies  was  required  to 
such  a  business,  the  council  was  desired  to  travail  with  the 
noblemen,  the  members  of  session,  and  the  town  of  Edin- 
burgh, for  a  voluntary  contribution,  knowing  that  others,  by 
their  example,  would  be  drawn  thereto.  The  noblemen, 
meeting  to  this  effect  the  twenty-fourth  of  November,  ex- 
pressed a  great  forwardness  to  satisfy  his  majesty's  desire ; 
yet  fearing  that  all  the  contributions,  when  they  were  brought 


200  THE  HISTORY  OF  THE  [a.  1).   1621. 

together,  should  prove  unworthy,  advised  the  council  rather 
to  call  a  parliament,  and  impose  upon  the  subjects,  by  way  of 
tax,  a  reasonable  proportion,  according  to  the  wealth  and 
substance  that  every  man  had.  This  being  signified  to  the 
king,  he  refused  to  have  any  supply  by  tax,  for  he  considered 
that  the  collection  would  require  a  time,  and  a  burthen  should 
that  way  be  cast  upon  the  commons  and  poor  labourers  of 
the  ground,  which  would  make  an  outcrying  among  the  peo- 
ple ;  therefore,  he  desired  as  before,  that  noblemen  and  those 
others  he  had  named  in  his  first  letter  should  be  urged  to 
show  their  liberality. 

A  now  meeting  for  this  business  being  kept  in  January 
thereafter,  divers  overtures  were  made  for  giving  his  ma- 
jesty content.  The  noblemen  that  were  present  made  offer 
for  their  parts  to  give  a  benevolence  according  to  their  abili- 
ties ;  but  divers  of  their  rank  being  minors,  and  others  al)road 
in  their  travels,  they  saw  not  who  would  undertake  for  them. 
The  town  of  Edinburgh  being  pressed  with  an  answer,  ex- 
cused themselves  as  being  one  burgh  only,  and  lacking  the 
concurrence  of  the  rest,  -without  which  ary  supply  they  could 
make  would  be  of  little  worth.  The  advocates,  clerks,  and 
other  members  of  the  session,  gave  in  effect  the  like  answer, 
so  as  they  were  forced  to  turn  unto  the  first  ovei-ture  for  a 
parliament.  And  for  that  the  difficulties  of  the  contribution 
could  not  so  well  be  expressed  by  letter,  it  was  thought 
meet  that  one  of  the  council  should  be  sent  to  inform  his 
majesty  of  the  reasons  and  necessity  they  had  to  call  a  par- 
liament. This  employment  being  Inid  upon  the  archbish'  p 
of  St  Andrews,  he  took  journey  about  the  end  of  the  same 
month,  and  obtained,  after  a  little  insisting,  his  majesty's 
Avarrant  for  a  parliament.  Thus  was  it  indicted  to  keep  at 
Edinburgh  the  first  of  June,  and  prorogued  to  the  twenty- 
third  of  July  thereafter. 

In  this  mean  time,  it  happened  thnt  Sir  Gideon  Murray, 
treasurer-deputy,  being  then  at  court,  an  information  was 
made  against  him  for  abusing  his  office  to  the  king's  preju- 
dice. The  informer  was  James  Stewart,  styled  then  Lord 
Ochiltrie  ;  who,  out  of  malice  carried  to  the  gentleman  for 
the  strictness  which  he  had  used  in  calling  him  to  an  account 
for  the  duties  of  Orkney,  made  offer  to  justify  the  accusa- 
tion ;  and,  bv  the  assistance  of  some  of  better  credit  than 


A.    D.   1621.]  CHURCH  OF  SCOTLAXD,  261 

himself,  prevailed  so  ^nv,  that  the  matter  was  remitted  to  the 
trial  of  certain  counsellors  at  home.  The  gentleman  being 
of  a  great  spirit,  and  taking  impatiently  that  his  fidelity, 
whereof  ho  had  given  so  great  proof,  should  be  called  in 
question  upon  the  information  of  a  malicious  enemy,  by  the 
way  as  he  returned  from  court,  did  contract  such  a  deep 
melancholy,  as  neither  counsel  nor  comfort  could  reclaim  him  ; 
so  fiir  was  he  overgone,  that  no  advice  given  by  friends,  nor 
offer  of  their  assistance,  nor  the  company  and  counsel  of  any 
whomsoever,  could  reduce  him  to  his  wonted  estate ;  and  so, 
after  he  came  to  Edinburgh,  within  a  few  days  departed  this 
life.  It  was  not  doubted,  if  he  should  have  patiently  attended 
the  trial,  but  he  had  been  cleared,  and  the  accusation  proved 
a  mere  calumny  ;  nor  was  it  thought  that  the  king  did  trust 
the  information,  but  only  desired  to  have  the  honesty  of  his 
servant  appear.  Yet  such  was  his  weakness  (courage  I  can- 
not call  it),  as,  giving  scope  to  his  passions  of  anger  and  grief, 
he  suffered  himself  to  be  therewith  oppressed.  By  his  death 
the  king  did  lose  a  good  servant  as  ever  he  had  in  that 
charge ;  and  did  sore  forethink  that  he  should  have  given 
ear  to  such  delations.  But  of  that  pestilent  sort  some  will 
never  be  wanting  in  tlie  courts  of  princes,  and  happy  is  the 
king  that  can  rid  himself  of  liars  in  that  kind.  The  gentle- 
man, always,  died  happily,  and  had  his  corpse  interred  in  the 
church  of  Halyrudhouse. 

The  time  of  parliament  drawing  near,  the  marquis  of  Ha- 
milton was  employed  as  commissioner  for  keeping  the  same. 
At  his  first  coming,  having  understood  the  business  that  some 
turbulent  ministers  were  makino;  to  imoede  the  ratification  of 
the  Acts  of  Perth  Assembly,  he  caused  discharge  all  the  min- 
isters out  of  the  town,  the  ordinary  preachers  excepted,  and 
two  of  the  number  that  would  not  be  made  quiet,  he  sent 
prisoners  to  Dumbarton.  All  that  time  he  did  carry  him- 
self, and  the  matters  committed  to  his  trust,  with  such  wis- 
dom and  foresight,  as  within  a  few  days  he  brought  them  all 
to  the  end  Avhich  he  wished,  without  any  open  contradiction. 
The  subsidy  desired  was  granted  ;  the  Acts  of  Perth  Assem- 
bly ratified  ;  and  divers  other  constitutions  for  the  profit  and, 
good  of  the  country,  as  in  the  Acts  imprinted  may  be  seen. 
At  the  closing  of  the  parliament,  wliich  was  the  fourth  of 
August,  such  abundance  of  rain,  with  such  tliunderings  and 


262  THE  HISTORY  OF  THli;  [a.   D.   1621. 

lightnings,  did  fall,  as  the  noblemen  and  others  of  tlie  Estates 
were  compelled  to  leave  their  horses,  and  betake  them  to 
their  coaches;  which  the  factious  sort  did  interpret  to  be  "  a 
visible  sign  of  God's  anger  for  ratifying  the  Acts  of  Perth  :" 
others,  in  derision  of  their  foll3%  said,  "  That  it  was  to  be 
taken  for  an  approbation  from  Heaven,  likening  the  same  to 
the  thunderings  and  lightnings  at  the  giving  of  the  law  to 
Moses." 

This  was  the  last  parliament  of  King  James  in  this  king- 
dom, and  that  wherein  he  received  greatest  content :  for  the 
puritan  faction  had  boasted  that  the  Acts  of  Perth  should 
never  pass  in  a  law  (so  confident  they  were  of  their  favourers 
in  the  parliament-house) ;  and  now  that  they  failed  in  their 
hopes,  he  trusted  they  would  become  more  wise.  But  the 
king,  no  less  careful  to  have  the  Acts  obeyed,  than  he 
was  to  have  them  pass  in  a  law,  did  commend  the  same  by 
two  several  letters  to  the  bishops  and  to  the  lords  of  council. 

To  the  bishops  he  said,  "  That  as  they  had  to  do  with  two 
sorts  of  enemies,  papists  and  puritans,  so  they  should  go  for- 
ward in  action  both  against  the  one  and  the  other ;  that 
papistry  was  a  disease  of  the  mind,  and  puritanism  of  the 
brain ;  and  the  antidote  of  both,  a  grave,  settled,  and  well- 
ordered  church  in  the  obedience  of  God  and  their  king  ; 
whereof  he  willed  them  to  be  cai'eful,  and  to  use  all  means 
for  reducing  those  that  either  of  simphcity  or  wilfulness  did 
err." 

In  the  letter  directed  to  the  council,  he  put  them  in  mind 
of  that  he  had  written  in  his  "  Basilicon  Doron,"  "  That  he 
would  have  reformation  to  begin  at  his  own  elbow,  which 
he  esteemed  the  privy-council  and  session,  with  their  mem- 
bers, to  be,  as  having  their  places  and  promotions  by  him. 
Therefore  commanded  them  and  every  one  of  that  number 
to  conform  themselves  to  the  obedience  of  the  orders  of  the 
Church  now  estabUshed  by  law,  which  he  trusted  they  would 
readily  do.  Otherwise  if  any  councillor  or  sessioner  should 
refuse  and  make  difficulty,  he  did  assure  them  that  if  within 
fourteen  days  before  Christmas  they  did  not  resolve  to  con- 
form themselves,  they  should  lose  their  places  in  his  service ; 
and  if  any  advocate  or  clerk  should  not  at  that  time  obey, 
they  should  be  suspended  from  the  exercises  of  their  offices, 
and  the  fees  and  casualties  thereunto  belonging,  unto  such 


A.  D.  1621.]  CHURCH  OF  SCOTLAND.  263 

time  as  the^^  gave  obedience."  In  the  same  letter  he  willed 
the  council  to  take  order,  "  that  none  should  bear  office  in 
any  burgh,  nor  be  chosen  sheriif,  deputy,  or  clerk,  but  such 
as  did  conform  themselves,  in  all  points,  to  the  said  orders." 
This  letter  was  of  the  date.  At  the  Honour  of  Hampton,  the 
twenty-ninth  of  September  1621. 

By  this  may  the  reader  judge  of  that  which  hath  been 
commonly  affirmed,  "  That  the  nobleman  who  was  commis- 
sioner should  have  promised,  at  the  passing  of  the  Acts,  that 
none  should  be  pressed  with  the  obedience  of  them,  but  all 
left  to  their  own  pleasures."  That  his  majesty  gave  no  such 
warrant  it  appears  by  the  foresaid  letters,  and  that  the  noble- 
man would  go  an  inch  from  that  he  was  trusted  with,  none 
that  knew  him  will  believe.  The  truth  is,  that  in  most  per- 
suasive words  (and  with  that  majesty  which  became  the  place 
he  represented),  he  did  "  require  them  all  to  acquiesce,  and 
willingly  obey  the  conclusions  taken,  and  not  to  draw  upon 
themselves,  by  their  disobedience,  his  majesty's  anger  ;  assur- 
ing them,  in  that  case,  that  his  majesty  should  not  in  his  days 
press  any  more  change  or  alteration  in  matters  of  that  kind 
without  their  own  consents."  And  this  was  all  the  nobleman 
spake,  as  divers  yet  living  may  remember. 

In  the  beginning  of  the  next  year,  the  chancellor  died  at  his 
house  of  Pinkie,  near  to  Musselburgh,  in  a  good  age,  and  with 
the  regret  of  many  ;  for  he  exerced  his  place  with  great  moder- 
ation, and  to  the  contentment  of  all  honest  men.  He  was 
ever  inclining  to  the  Roman  faith,  as  being  educated  at  Rome 
in  his  younger  years  ;  but  very  observant  of  good  order,  and 
one  that  hated  lying  and  dissimulation,  and  above  all  things 
studied  to  maintain  peace  and  quietness.  Sir  George  Hay, 
clerk  of  register,  being  then  at  court,  was  preferred  to  the 
place,  and  by  his  dimission  Mr  John  Hamilton,  brother  to 
the  earl  of  Haddington,  made  keeper  of  the  register. 

About  this  time,  upon  advertisements  sent  from  England 
of  the  enlargement  of  certain  priests  and  papists  that  were 
there  imprisoned,  a  rumour  was  dispersed  that  the  king  was 
inclining  to  a  toleration  of  popery,  and  would  grant  liberty 
of  conscience.  This  rumour  was  increased  by  occasion  of 
certain  directions  sent  from  the  king  to  the  bishops  of  Eng- 
land, for  reforming  certain  abuses  crept  into  the  Church, 
whereby  the  preachers  and  lecturers  were  connnanded  on 


264  THE  HISTORY  OF  THE  [a.  D.  1622. 

Sundays  and  holy  days,  in  the  afternoon,  to  teach  the  Cate- 
chism only,  or  then  some  text  taken  out  of  the  Creed,  the 
Ten  Commandments,  or  Lord's  Prayer  ;  and  in  their  preach- 
ing to  abstain  from  handling  the  deep  points  of  predestina- 
tion, reprobation,  election,  the  universality,  efficacy,  resisti- 
bility  or  irresistibility  of  grace,  leaving  these  themes  as 
fitter  for  the  schools  than  for  simple  auditories ;  as  likewise 
not  to  presume  in  any  lecture  or  sermon  to  limit  and  bound, 
by  way  of  positive  doctrine,  the  power,  prerogative,  juris- 
diction, authority,  or  duty  of  sovereign  princes,  or  to  meddle 
with  matters  of  state,  having  reference  betwixt  princes  and 
people,  otherwise  than  they  were  instructed  and  precedented 
in  the  homily  of  obedience,  and  others  of  that  sort  set  forth 
by  public  authority.  These  directions  were  interpreted  to 
be  a  discharge  of  preaching,  at  least  a  confining  of  preachers 
to  certain  points  of  doctrine,  which  they  called  a  limiting  of 
the  Spirit  of  God ;  and,  as  people  will  ever  be  judging  and 
censuring  public  actions,  every  one  made  the  construction 
whereunto  their  humours  did  lead  them. 

The  better  and  wiser  sort,  who  considered  the  present 
estate  of  things,  gave  a  far  other  judgment  thereof;  for  as 
then  the  king  was  treating  with  the  French  king  for  peace 
to  the  protestants  in  France,  and  with  the  king  of  Spain  for 
withdrawing  his  forces  from  the  Palatinate,  at  which  time  it 
was  no  way  fitting  that  he  should  be  executing  the  rigour  of 
his  laws  against  papists  at  home,  while  he  did  labour  for 
peace  to  them  of  the  religion  abroad  ;  the  most  likely  way  to 
obtain  what  he  did  seek  of  these  princes  being  a  moderation 
of  the  severity  of  laws  against  priests  and  papists,  at  least 
for  a  time.  And  as  to  the  directions  given  to  the  preachers, 
the  same  they  judged  both  necessary  and  profitable,  con- 
sidering: the  indiscretion  of  divers  of  that  sort,  who,  to  make 
ostentation  of  their  learning,  or  to  gain  the  applause  of  the 
popular,  would  be  meddling  with  controversies  they  scarce 
understood,  and  with  matters  exceeding  the  capacities  of 
people. 

The  king  oifonding  with  these  rumours,  which  he  heard 
were  dispersed  in  both  kingdoms,  took  occasion  in  a  parlia- 
ment assembled  about  that  time  in  England  to  speak  to  them, 
and  say,  "  1  understand  that  I  am  blamed  for  not  being  so 
careful  as  heretofore,  of  maintaining  true  religion,  and  for  not 


A.  D.   1623.]  CHURCH  OF  SCOTLAND.  265 

executing  the  laws  made  against  papists  ;  but  ye  should 
know  that  a  king  and  his  laws  are  not  unfitly  compared  to  a 
rider  and  his  horse ;  the  spur  is  sometimes  to  be  used,  but  not 
always ;  the  bridle  is  sometimes  to  be  held  in,  at  other  times 
to  be  let  loose,  as  the  rider  finds  cause  ;  just  so  a  king  is  not 
at  all  times  to  put  in  execution  the  rigour  of  his  laws,  but  he 
must  for  a  time,  and  upon  just  grounds,  dispense  with  the 
same,  as  I  protest  to  have  done  in  the  present  case,  and  to 
have  connived  only  for  a  time,  upon  just  cause,  howbeit  not 
known  to  all.  If  any  man  for  the  favour  showed  to  a  priest 
or  papist  will  judge  me  to  be  inchning  that  way,  he  wrongs 
me  exceedingly.  My  words,  and  writings,  and  actions,  have 
sufficiently  demonstrated  what  my  resolution  is  in  matters  of 
religion." 

Some  more  words  to  this  purpose  he  uttered  in  that  meet- 
ing ;  but  in  a  letter  directed  to  the  council  of  Scotland  he  was 
somewhat  more  rough,  finding  fault  with  those  that  presumed 
to  censure  his  proceedings,  and  commanding  them  to  take  an 
exact  trial  of  such  as  had  broken  out  into  any  such  insolen- 
ces either  in  word  or  deed,  and  to  punish  them  severely  ac- 
cording to  the  laws.  Tliis  was  not  well  published,  when  the 
news  of  the  prince's  journey  to  Spain  made  all  good  men 
amazed  ;  for  hearing  that  he  was  gone  accompanied  only 
with  the  duke  of  Buckingham  and  another  servant,  the  fear 
of  inconveniences  that  might  befall  his  person  did  mightily 
trouble  them.  But  it  pleased  God,  both  in  his  going  and 
returning,  safely  to  conduct  and  protect  him.  The  occasion 
and  success  of  that  journey  I  shall  shortly  relate. 

A  match  had  been  treating  of  a  long  time  betwixt  the 
prince  and  a  daughter  of  Spain,  which  received  many  hinder- 
ances  both  at  home  and  in  that  court ;  but  it  being  thought 
that  the  delays  made  in  these  parts  would  be  easily  removed 
by  the  presence  of  the  prince  himself,  whereof  great  hopes 
were  given  by  Gundomar  the  Spanish  ambassador,  the  king 
gave  way  to  the  journey,  as  hoping  by  this  mean  to  have 
the  Palatinate  freed  from  the  vexations  of  war,  and  a  general 
peace  established  throughout  Christendom.  Thus  the  prince, 
accompanied  in  manner  aforesaid,  departed  secretly  from 
court,  and  landing  at  Calais,  went  through  France  undis- 
covered, and  after  a  few  days  came  safely  to  the  court  of 
Spain. 


266  THE  HISTORY  OF  THE  [a.  D.  1623. 

At  his  coming  he  was  kindly  received,  and  welcomed  with 
divers  courtly  compliments,  but  found  a  greater  strangeness 
than  he  expected ;  for  although  he  was  still  kept  in  hope  of 
the  match,  yet  he  was  not  permitted  to  visit  the  lady,  but 
upon  condition  to  speak  in  such  and  such  terms,  and  no 
otherwise.  Afterwards  they  began  to  move  him  touching 
his  religion,  desiring  he  should  confer  with  some  divines,  for 
that  he  could  not  have  the  Infanta  to  wife,  unless  he  was 
converted  and  became  a  Roman-cathohc.  The  prince  re- 
plying, "  That  he  would  never  change  his  religion  for  such  a 
worldly  respect,  nor  would  he  enter  in  conference  with  any 
divines  to  that  purpose,  for  if  they  did  not  prevail  with  him, 
it  would  breed  a  greater  discontent :"  it  was  then  told  him, 
"  that  he  must  attend  till  a  dispensation  was  procured  from 
Rome,  and  that  in  the  meantime  he  should  be  entertained 
as  a  prince,  but  not  as  a  suitor." 

This  dispensation  being  returned,  which  had  in  it  a  condi- 
tion, that  the  king  of  Spain  should  take  oath  to  obtain  the 
king  of  Britain's  consent  unto  certain  demands  concerning 
religion,  there  was  a  letter  therewith  sent  from  Pope 
Gregory  the  Fifteenth  to  the  prince,  wherein,  after  many  fair 
and  plausible  words,  he  said,  "  That  as  Pope  Gregory  was 
the  first  that  induced  the  people  of  England  to  submit  them- 
selves to  the  See  Apostolic,  so  he  bearing  the  same  name, 
and  being  his  equal  in  the  height  of  dignity,  though  inferior 
to  him  in  virtue  and  holiness,  desired  nothing  more  than  to 
follow  his  pattern,  and  promove  the  health  and  happiness  of 
that  kingdom  ;  the  rather  because  his  peregrination  at  that 
time  had  given  such  hopes  of  a  happy  success.  For  since 
he  was  arrived  in  Spain  and  at  the  court  of  the  catholic  king, 
with  a  desire  to  join  in  marriage  with  the  house  of  Austria 
(which  intention  he  greatly  commended),  he  could  not  bcheve 
that  he  did  really  desire  the  match  and  in  heart  abhor  the 
catholic  religion,  and  seek  to  ruin  the  holy  sec  of  Rome." 
Then  falling  to  a  prayer,  he  "  besought  God  the  Father  of 
lights  to  advance  him  (the  most  fair  flower  of  the  Christian 
world,  and  the  only  hope  of  Great  Britain)  to  that  noble  inherit- 
ance which  his  illustrious  progenitors  had  gained  by  the  de- 
fence of  the  apostolic  authority,  and  the  suppression  of  the 
monsters  of  all  heresies."  Towards  the  end  of  the  letter, 
willing  him  "  to  call  to  mind  the  ancient  times,  and  make  his 


A.  D.  1623.]  CHURCH  OF  SCOTLAND.  267 

prayers  to  his  ancestors,  that  they  would  vouchsafe  to  teach 
him  the  way  by  which  they  went  to  heaven,"  he  asked,  "  how 
he  could  with  patience  hear  the  heretics  call  them  damned 
whom  the  catholic  faith  doth  testify  to  reign  in  heaven,  and 
to  dwell  exalted  above  all  the  princes  of  the  earth  ?"  In  end, 
returning  to  his  supplications,  he  said,  "  that  the  Catholic 
Church  Roman,  stretching  forth  her  arms  to  embrace  him 
with  all  affection  as  her  most  desired  son,  he  could  not  per- 
form any  thing  of  greater  comfort  to  the  nations  of  Christen- 
dom, than  to  bring  again  the  profession  of  that  most  noble 
island  to  the  prince  of  the  Apostles,  whereof  he  could  not 
despair,  his  hopes  being  set  on  God,  in  whose  hands  are  the 
hearts  of  kings,"  &c. 

This  letter,  given  at  Rome  in  the  palace  of  St  Peter,  the 
twentieth  of  April  1623,  and  in  the  third  year  of  his 
apostolate,  was  delivered  to  the  prince  about  the  midst  of 
May,  which  he  received  courteously,  thanking  the  pope  for 
his  good  affection.  Thereafter,  understanding  that  the  dis- 
pensation was  granted,  he  pressed  the  performance  of  the 
marriage,  but  was  answered,  "  That  the  conditions  must  first 
be  fulfilled,  and  the  articles  concerning  the  Infanta,  her 
liberty  of  profession,  when  she  came  into  England,  and  the 
education  of  her  children,  if  God  should  grant  her  any  by 
him,  drawn  up  in  form."  These  articles  being  advised  by  a 
commission  of  divines,  were  sent  into  England,  and  shortly 
after  returned  signed  with  his  majesty's  hand,  and  approved 
by  the  council.  And  now  it  was  thought  there  should  be  no 
more  delays  used,  but  other  excuses  were  forged  :  as,  "  That 
it  was  not  fitting  the  Infanta  should  go  to  England  before  the 
business  of  the  parliament  was  settled,  and  that  these  articles 
must  be  sent  to  Rome  and  allowed  by  the  pope."  The  prince 
perceiving  that  there  was  nothing  really  intended  on  the 
king  of  Spain  his  part,  and  that  the  treaty  was  only  enter- 
tained till  the  king  of  Spain  had  reduced  Germany  in  his 
power,  resolved  to  be  gone,  and  declaring  the  necessity  he 
had  to  return,  did  leave  a  proxy  in  the  hands  of  the  earl  of 
Bristol  (the  ambassador  legier)  for  espousing  the  Infanta, 
how  soon  the  articles  returned  from  Rome..  So  the  king  of 
Spain  having  conveyed  the  prince  a  little  way  towards  the 
sea,  they  parted  in  most  loving  terms,  and  in  hope  the  match 
should  take  effect.     13  ut  the  prince  being  after  that  informed 


268  THE  HISTORY  OF  THE  [a.  D.   1624. 

of  a  conclusion  laid,  "  That  if  the  match  should  be  farther 
pressed,  the  Infanta,  to  eschew  the  same,  should  presently 
enter  into  the  house  of  Z05  Discalceatos"  (a  monastery  of  bare- 
footed nuns),  after  he  was  parted,  sent  and  commanded 
Bristol  not  to  make  use  of  the  proxy  till  he  should  advertise. 

The  prince  having  for  his  convoy  home  eleven  of  the 
king's  ships  and  some  merchants,  arrived  at  Portsmouth  the 
fifth  of  October  with  his  whole  retinue,  and  went  the  next 
day  to  Royston,  where  the  king  lay.  The  joy  was  ex- 
ceeding great  of  all  sorts  of  people,  and  public  thanks 
given  to  God  throughout  all  the  churches  of  both  the 
kingdoms  for  his  safe  return.  Soon  after,  when  the  king 
perceived  by  the  report,  that  neither  was  the  match  truly 
meaut,  nor  the  Palatinate  like  to  be  restored,  he  directed  the 
earl  of  Bristol  to  insist  for  the  restitution,  and  if  he  was  put 
off  with  delays,  to  take  his  leave  and  come  home ;  which  also 
he  did.  Thus  was  the  marriage  which  had  been  long 
treated  of  quite  dissolved,  the  king  saying,  "  that  he  would 
never  marry  his  son  with  a  portion  of  his  only  sister's 
tears." 

The  year  following,  the  ministers  of  Edinburgh  were 
greatly  vexed  by  a  sort  of  mutinous  people,  who,  separating 
themselves  from  the  public  assemblies,  kept  private  conven- 
ticles, and  went  so  far  as  to  oppose  publicly  the  order  estab- 
lished for  receiving  the  holy  communion.  The  leader  of 
those  was  William  Rigge,  elected  one  of  the  baihes  for  that 
year.  This  man,  puffed  up  with  a  conceit  of  his  own  abiU- 
ties,  did  dream  of  no  less  than  the  overturning  of  the  Church 
orders,  and  reforming  of  the  ministry  in  such  things  as  he 
held  to  be  amiss :  hereupon,  in  a  meeting  ordinarily  kept 
before  the  celebration  of  the  holy  sacrament,  he  did  publicly 
challenge  Dr  William  Forbes,  who  was  afterwards  preferred 
to  the  bishopric  of  Edinburgh,  for  divers  points  of  doctrine 
dehvcred  by  him  in  his  sermons ;  and  whonas  he  refused  to 
be  judged  by  him  and  the  laics  that  assisted,  the  said  bailie 
did  openly  threaten  them  all,  that  unless  they  returned  to 
the  old  form  of  ministering  the  holy  communion,  the  whole 
people  should  forsake  them.  Herein  he  was  assisted  by 
John  Hamilton,  an  apothecary,  John  Dickson,  William 
Simson,  John  I\Iayn,  and  some  other  base  companions ;  who 
being  called  before  the  council,  were  charged  to  leave  the 


A.  D.  1624.]  CHURCH  OF  SCOTLAND.  269 

town,  and  the  bailie,  William  Rigge,  deprived  of  his  bay- 
lerie,  and  declared  incapable  of  any  public  office  in  time 
coming. 

This  trouble  gave  occasion  of  settling  the  state  of  that 
Church  in  a  better  case  than  in  former  times — "  the  minis- 
ters being  ordained  to  reside  in  their  own  parishes,  and  have 
allowed  to  them  a  sufficient  maintenance ;  the  popular  elec- 
tion of  ministers,  whenas  places  by  any  occasion  fell  void, 
discharged,  and  the  presentation  appointed  to  be  made  by 
the  provost,  bailies,  and  council ;  the  sessions  to  be  choosed 
yearly  by  the  magistrates  and  ministers  for  the  particular 
parishes,  who  should  convene  every  year  some  ten  days  after 
the  election  of  the  magistrates  for  that  business ;  the  meet- 
ing before  the  communion,  wherein  the  ministers  were  accus- 
tomed to  be  censured  by  the  people,  simply  prohibited ; "  with 
divers  other  particulars  serving  to  the  orderly  ministration 
of  all  things  in  the  Church. 

The  sixteenth  of  February,  Ludovick,  duke  of  Richmond 
and  Lennox,  deceased,  to  the  great  regret  of  all  that  knew 
him — a  nobleman  of  excellent  parts,  whose  very  aspect  and 
countenance  did  promise  much  good.  He  was  thrice  mar- 
ried ;  first  to  a  sister  of  the  Earl  of  Cowrie,  by  whom  he  had 
no  children  ;  his  second  wife  was  a  sister  of  the  Lord  Loudoun, 
by  whom  he  had  a  daughter  and  son  that  died  both  young. 
In  his  third  and  last  marriage  with  the  countess  of  Hartford, 
he  found  more  content  than  in  both  the  others,  but  lived 
with  her  only  some  few  years,  being  taken  away  in  the  forty- 
eighth  year  of  his  age.  His  brother  Esme,  a  noble  gentle- 
man, succeeded,  but  did  not  survive  him  long,  for  he  died 
the  next  year,  leaving  a  hopeful  succession  of  children  behind 
him. 

The  next  year,  in  the  month  of  March,  James,  marquis 
of  Hamilton,  deceased  also — a  nobleman  of  rare  gifts,  and 
fitted  for  the  greatest  affairs,  which  he  showed  at  his  de- 
putation to  the  parliament  1621,  and  at  other  divers  occa- 
sions. His  death  was  the  more  grievously  taken,  that  it  was 
thought  to  be  procured  by  poison,  whereof  the  monstrous 
swellings  in  his  face  and  body  afore  his  death  gave  great  ap- 
pearance. His  corpse,  brought  to  Scotland  by  sea,  was  in- 
terred at  Hamilton  with  his  predecessors. 

These  two  deaths  affected  the  king  exceedingly ;  and  when 


270  THE  HISTORY  OF  THE  [a.  D.  1624, 

it  was  told  him  that  the  marquis  was  dead,  he  said,  "  If  the 
branches  be  thus  cut  down,  the  stock  cannot  continue  long:" 
which  saying  proved  too  true,  for  shortly  after  he  fell  into 
the  fever  that  the  physicians  call  Hemitritceum — a  dan- 
gerous fever  to  those  that  are  grown  in  years — and  thereof 
died  at  Theobalds,  the  twenty-seventh  of  March,  being  Sun- 
day, about  twelve  of  the  clock  in  the  forenoon.  The  Thurs- 
day preceding  his  death  he  desired  the  blessed  sacrament  to 
be  ministered  unto  him,  which  he  received  with  great  devo- 
tion, professing  to  the  prince  his  son,  and  those  that  stood  by, 
that  "  he  had  received  a  singular  comfort  thereby,"  wishing  all 
men  to  do  the  like  when  they  were  visited  in  that  sort.  From 
that  time  to  the  hour  of  his  death  he  was  still  almost  pray- 
ing, and  some  one  sentence  or  other  of  piety  ever  in  his 
mouth.  As  he  drew  near  to  his  end,  the  prayer  usually  said 
at  the  hour  of  death  being  ended,  having  repeated  once  or 
twice  these  words,  Veni,  Domine  Jesu,  he  gave  up  the  ghost 
without  any  pangs,  such  as  are  commonly  seen  in  persons 
that  are  dying.  He  was  the  Solomon  of  this  age,  admired 
for  his  wise  government,  and  for  his  knowledge  in  all  manner 
of  learning.  For  his  wisdom,  moderation,  love  of  justice,  for 
his  patiencQ  and  piety  (which  shined  above  all  his  other  vir- 
tues, and  is  witnessed  in  the  learned  works  he  left  to  pos- 
terit}"^),  his  name  shall  never  be  forgotten,  but  remain  in 
honour  so  long  as  the  world  endureth.  We  that  have  had 
the  honour  and  happiness  many  times  to  hear  him  discourse 
of  the  most  weighty  matters,  as  well  of  poUcy  as  divinity, 
now  that  he  is  gone,  must  comfort  ourselves  with  the  remem- 
brance of  these  excellencies,  and  reckon  it  not  the  least  part 
of  our  happiness  to  have  Uved  in  his  days. 

Many  doleful  epitaphs  in  all  languages  were  composed  to 
express  the  sorrow  conceived  by  his  death.  This  following, 
penned  by  a  learned  divine  in  our  vulgar  language,  did  affect 
mo  so,  as  I  thought  good  to  subjoin  it : — 

All  who  have  eyes,  awake  and  weep, 
For  he  whose  waking  wrought  our  sleep 
Is  fallen  asleep  himself,  and  never 
Shall  wake  again  till  waked  for  ever. 
Death's  iron  hand  hath  closed  those  eyes 
Which  were  at  once  three  kingdoms'  spies, 


D.    1624.]  CHURCH  OF  S(  OTLAN'O.  271 

Both  to  foresee,  and  to  prevent 
Dangers  as  soon  as  they  were  meant. 
That  head,  whose  working  brain  alone 
Wrought  all  men's  quiet  but  its  own, 
Now  lies  at  rest.    0  let  him  have 
The  peace  he  lent  us,  in  his  grave. 
If  that  no  Naboth  all  his  reign 
Was  for  his  fruitful  vineyard  slain ; 
If  no  Uriah  lost  his  hfe 
Because  he  had  too  fair  a  wife ; 
Then  let  no  Shimei's  curses  wound 
His  honour  or  profane  his  ground. 
Let  no  black-mouthed,  no  rank-breathed  cur, 
Peaceful  James  his  ashes  stir. 
Princes  are  Gods ;  0  do  not  then 
Rake  in  their  graves  to  prove  them  men. 
For  two-and- twenty  years'  long  care, 
For  providing  such  an  heir, — 
Who  to  the  peace  we  had  before 
May  add  twice  two-and-twenty  more, — 
For  his  days'  travels  and  nights'  watches. 
For  his  crazed  sleep,  stolen  by  snatches, 
For  two  fair  kingdoms  joined  in  one, 
«     For  all  he  did,  or  meant  to  have  done, 
Do  this  for  him,  write  on  his  dust 
James,  the  Peaceful  and  the  Just. 


NOTES  TO  BOOK  VII. 


NOTE  I.     P.  200. 

EXAMINATION   OF  THE  POSTSCRIPT   TO  THE  COWRIE  CON- 
SPIRACY, AND  OF  MODERN  HISTORIANS  ON  THE  SUBJECT. 

[The  paragraph  in  tho  text,  which  tliis  note  illustrates,  is  both  curious  and 
important.  It  is  curious  and  important  to  find,  in  reference  to  that  extraordi- 
nary postscript  to  the  Govvrie  conspirac}',  the  trial  and  execution  of  George 
Sprot,  that  a  churchman  of  the  first  reputation  and  highest  position  in  the  king- 
dom, who  gravely  performed  the  part  assigned  him  in  that  discreditable  tragedy, 
who  sat  as  one  of  the  judges  on  the  trial,  and  attended  on  the  scafibld  to  attest 
the  dying  words  of  the  wretched  victim,  should  himself  have  entertained  the  ut- 
most contempt  for  the  whole  proceedings,  and  an  utter  disbelief  of  the  culprit's 
confessions.  The  archbishop  did  not,  and  dared  not,  at  the  time  announce  hia 
disbelief,  or  even  evince  scepticism.  Far  less  dared  he,  in  the  lifetime  of  the 
monarch  whom  that  strange  story  so  deeply  concerned,  have  published  such  a 
paragraph  as  his  history  contains.  Yet  his  contempt  for,  and  disbelief  of,  the 
wild  romance  extracted,  per  fas  et  nefas,  from  the  notary  Sprot,  he  deliberately 
recorded  for  all  posterity  to  read.  This  of  itself  is  no  unimportant  commentary 
upon  that  disgusting  passage  in  the  history  of  James  VI. 

Our  author's  paragraph,  moreover,  is  important  in  this  respect,  that  it  dis- 
tinctly records  a  fact  overlooked  by  all  our  best  modern  historians,  yet  of 
the  utmost  importance  to  the  question  of  the  truth  or  falsehood  of  those  so 
called  confessions,  upon  which  alone  Sprot  was  convicted.  The  archbishop 
asserts,  as  a  fact  unquestioned,  that  the  letter  from  Logan  of  Restalrig  to  the 
earl  of  Gowrie,  which  the  culprit  confessed  that  he  had  abstracted,  and  declared 
he  still  possessed,  was  never  made  forthcoming  on  his  trial.  In  the  paragraph 
under  consideration,  he  states,  as  one  of  the  reasons  for  his  opinion  that  Sprot's 
story  seemed  "  a  very  fiction,  and  to  be  a  mere  conceit  of  the  man's  own  brain," — 
that  "  neither  did  he  show  the  letter ,-" — which  letter  formed  the  basis  of  the  in- 
dictment, and  which  was  then,  according  to  the  original  record  itself,  under- 
stood to  be  the  onli/  one  of  those  treasonable  missives  that  Sprot  had  in  his  pos- 
session. Of  course  our  author  must  mean,  that  throughout  the  whole  proceed- 
ings the  letter  itself  never  was  produced  ;  for  had  it  been  produced  after  Sprot's 
first  confession,  so  as  to  be  inserted  verbatim  in  his  indictment,  or  produced  at 
any  time  so  as  to  support  his  confession,  the  archbishop  would  scarcely  have 
been  guilty  of  so  puerile  a  defence  of  his  scepticism,  as  the  argument  that  Sprot 
did  not  "  show  the  letter  "  at  first.  His  statement  is  very  shortly  expressed ; 
but  it  distinctly  amounts  to  this,  that  throughout  the  proceedings  which  led  to 
the  execution  of  Sprot,  7iot  one  of  those  famoiis  letters  from  Restalrig  to  Gowrie 
were  produced. 

But  all  our  modem  historians,  paying  not  the  slightest  attention  to  this  simple 
and  unequivocal  statement  of  one  of  the  leading  judges  on  that  trial,  and  one 
most  observant  of  the  whole  proceedings  from  first  to  last,  have  assumed  and 
asserted  that  the  letters  were  prodhced  on  the  trial,  and  that  upon  those  pro- 
ductions themselves  his  majesty's  advocate  libelled  against  Sprot.  No  doubt, 
VOL.  III.  18 


274  NOTES  TO  BOOK  VII. 

the  archbishop  may  have  given  us  a  false  account  of  that  matter,  and  the  modem 
historians  may  bo  quite  correct.  But  let  us  see  to  that.  Let  us  first  test 
Spottiswoode's  statement  by  the  original  record  of  the  trial,  and  then  look  into 
history  on  the  subject. 

The  whole  evidences  relating  to  the  matter  have  beea  collected,  in  their  most 
authentic  form,  by  Mr  Pitcairn,  in  his  laborious  and  valuable  publication  of  the 
Criminal  Records  of  Scotland.  From  this  repertory  we  derive  the  facts.  The 
indictment  itself  is  there  printed  from  the  original  record.  Sprot  is  accused  of 
being  guilty,  art  and  part,  of  the  Gowrie  conspiracy,  by  having  become  cogniz- 
ant thereof  before  the  fact,  and  not  having  revealed  the  treason.  It  is  narrated 
that  he  acquired  his  knowledge  by  reading  various  letters  from  Logan  of  Res- 
talrig  to  the  earl  of  Gowrie,  referring  to  the  conspiracy  ;  that  this  had  hap- 
pened by  means  of  Logan's  confidential  messenger  "  laird  Bour,"  who  had 
given  Sprot  those  letters  to  read,  he,  Bour,  not  being  able  to  read  one  syllable, — 
a  fact,  by  the  way,  of  no  little  consequence  to  the  evidence  that  is  supposed  to 
authenticate  the  details  of  the  poor  notary's  insane  victimizing  of  himself.  The 
indictment  further  narrates  that,  besides  havinrj  seen  several  of  the  letters  in 
question,  the  accused  had  taken  that  opportunity  of  abstracting  one,  and  retain- 
ing it  in  his  ovra  possession.  This  letter  is  specially  libelled  ;  and  it  is  the  only 
letter,  of  all  the  alleged  treasonable  missives  from  Logan,  the  contents  of  which 
his  majesty's  advocate  even  pretends  to  have  such  knowledge  of  as  to  be  able  to 
libel  thereupon.  This  one  is  so  introduced  as  to  seem,  not  an  abstract  as  Mr 
Pitcairn  loosely  assumes  it  to  be,  but  a  verbatim  extract  of  the  whole  substance 
material  to  the  cause.  It  is  important,  in  reference  to  a  comparison  of  Arch- 
bishop Spottiswoode's  notice  of  the  subject  with  the  dissertations  by  modem 
historians,  to  bear  in  mind  that  the  indictment  proceeds  only  upon  one  letter,  and 
only  charges  the  accused  with  having  obtained  possession  of  that  one,  though 
he  is  also  accused  of  having  see?i  others  in  the  hands  of  this  Bour.  Moreover, 
the  public  prosecutor  does  not  pretend  to  libel  upon  the  letter  itself  as  a  produc- 
tion. He  does  not  say,  that,  in  consequence  of  Sprot's  confession,  the  letter  was 
sought  for  and  recovered,  either  from  him  or  his  repositories,— a  most  important 
point  in  the  prosecutor's  case,  and  which,  had  the  fact  so  been,  he  could  not  fail 
to  have  specially  introduced.  Then,  again,  the  same  letter,  or  at  least  a  letter 
generally  assumed  to  be  so,  is  produced  about  a  twelvemonth  afterwards,  on  the 
trial  of  Logan's  bones,  and  it  turns  out  to  be  essentially  different  from  the  extracts 
in  the  libel  against  Sprot. 

The  record  of  that  unhappy  man's  principal  confession  is  also  printed  by  Mr 
Pitcairn,  and  serves  to  illustrate  this  state  of  the  indictment.  In  that  con- 
fession (upon  which  alone  the  public  prosecutor  proceeded  against  him)  he  ad- 
mits having  seen  various  treasonable  letters,  and  that  he  abstracted  and  pos- 
sessed one  of  them.  But  he  produces  none.  From  memory,  however,  he  repeats 
what  he  declares  to  be  the  substance  of  a  letter  from  Gowrie  to  Logan,  and 
also  what  he  declares  to  be  the  tenor  of  the  letter  alleged  to  be  from  Logan 
to  Gowrie,  which  he  had  abstracted  and  retained.  On  comparing  these  two  im- 
portant records,  the  confession  and  the  indictment,  it  will  bo  seen  that  the  only 
letter  libelled  Is  the  very  same  as  that  which  had  been  taken  down  from  Logan's 
own  lips.  That  he  there  had  given  it  from  memory,  and  had  not  produced  it,  is 
manifest  from  the  conclusion  of  his  examination,  where  he  depones, "  That  he  left 
the  above  written  letter  in  his  chest  among  his  writings  when  ho  was  taken  and 
brought  away,  and  that  it  was  closed  and  folded  within  a  piece  of  paper."  The 
king's  advocate,  for  reasons  best  kno\vn  to  himself,  did  not  libel  upon  the  letter 
from  Gowrie  to  Logan,  which  Sprot  in  his  confession  also  repeated  from  memory. 
That  letter  was  never  pretended  to  be  produced  at  all  ;  nor  was  it  heard  of 
more  !  Neither  does  it  appear  that  the  advocate,  upon  this  deposition  of  Sprot's, 
recovered  out  of  his  chest  the  letter  from  Logan  to  Gowrie.  Had  ho  done  so, 
he  would  have  stated  the  fact,  and  libelled  upon  tho  production  of  it.  Instead 
of  which,  as  is  manifest  from  the  terms  of  the  indictment  itself,  he  libels  entirely 


\ 


NOTES  TO  BOOK  VII.  275 

upon  Sprot's  confession,  and  upon  the  letter  as  repeated  from  memory  therein, 
ipsissimis  verbis.  Throughout  the  whole  record  of  the  trial,  so  well  collected  by 
Mr  Pitcairn,  there  is  not  a  circumstance  or  expression  to  warrant  any  other 
idea  than  tliis,  that  not  one  of  the  treasonable  letters,  about  which  so  much  was 
heard  some  time  afterwards,  and  )io  Idler  at  all,  was  produced  throughout  the 
proceedings  that  brought  Sprot  to  the  gallows.  And  here  we  may  pause  to 
correct  a  comment  wldch  the  ingenious  editor  of  the  Criminal  Trials  has  noted 
under  the  indictment  printed  in  his  text. 

]\Ir  Pitcairn,  seeing  the  very  imperfect  resemblance  between  the  scrap  of  a 
letter  libelled  on,  and  that  which  he  assumes  to  be  the  same  letter  produced  at 
the  trial  of  Logan's  bones  a  year  after,  but  being  wedded  to  the  notion  that 
all  the  letters  are  authentic,  and  that  Sprot  spoke  the  truth,  thinks  some  apology 
necessary.  And  here  it  is  :  "  It  will  be  readily  observed,"  he  says  with  great 
simplicity,  "  that  a  mere  abstract  of  part  only  of  the  treasonable  letters  had  been 
considered  by  the  public  prosecutor  as  necessary  to  be  engrossed  in  the  '  Dittay ' 
of  Sprot  ;  proper  transcripts  of  these  epistles  will  be  found  in  the  following 
article,  No.  XV.  Restalrig's  forfeiture,  June  24, 1C09,  where  they  were  produced 
in  evidence,  and  recorded  in  the  Books  of  Parliament." 

This  note  distinctly  involves  an  assertion,  that  the  public  prosecutor  at  Sprot's 
trial,  about  a  twelvemonth  before  Restalrig's  forfeiture,  had  in  his  possession 
"  the  treasonable  letters  "  (five  in  number),  afterwards  produced  in  the  process 
against  the  bones.    Mr  Pitcairn  is  not  justified,  by  any  part  of  the  record  he  has 
printed,  in  the  comment  he  has  made.    What  "  treasonable  letters  "  were  in  the 
power  of  the  king's  advocate  at  that  trial  ?    Surely  his  own  indictment,  and  the 
recorded  confession  upon  which  it  founds,  is  the  best  evidence  on  that  subject. 
He  only  libels  upon  one  letter,  and  does  not  pretend  to  say  that  even  that  one 
was  recovered  by  him,  or  that  ho  had  any  other  knowledge  of  its  contents  than 
what  he  acquired  through  Sprot's  statement  in  his  confession.    The^'ue  letters, 
long  afterwards  produced,  to  which  Mr  Pitcairn  alludes  in  his  note,  and  so 
loosely  assumes  to  have  been  within  the  advocate's  power  from  the  first,  are 
never  hinted  at  as  being  so,  throughout  the  whole  proceedings  against  Sprot.    And 
does  this  industrious  and  ingenious  gentleman  (seemingly  not  much  accustomed 
to  sift  and.to  weigh  evidence)  really  mean  to  tell  us,  that  at  this  trial  the  public 
prosecutor  had  in  his  possession,  or  in  his  power,  those  five  Logan  letters,  stuffed 
full  of  the  rankest  treason  in  the  most  prolix  detail,  and  yet  thought  it  not 
necessary,  in  a  case  of  the  highest  importance,  to  libel  upon  them,  or  to  produce 
them,  or  even  to  allude  to  them  ?     Would  his  Majesty's  advocate,  in  a  matter 
so  deeply  afi'ecting  his  Majesty's  interest,  have  contented  himself  with  founding 
upon  a  tortured  confession,  which  the  culprit  might  have  retracted,  and  with  libel- 
ling upon  a  scrap  of  a  letter  taken  from  the  accused's  agonized  lips— a  scrap  that 
will  not  stand  the  test  of  the  most  cursory  comparison  with  any  one  of  the 
Logan  missives,  if  he  at  that  time  really  had  in  his  power  those  five  letters  1 
Then  Sprot's  own  confession,  which  is  turned  into  the  libel  against  him,  and 
forms  part  of  the  record,  puts  this  matter  beyond  doubt  or  question.    For  he 
distinctly  depones  that  he  possessed  but  one  letter,  which  he  repeats  from 
memory,  and  that  he  never  possessed  more  of  this  treasonable'  correspondence. 
Would  he  have  confessed  to  a  single  letter  only,  when  the  whole  correspondence 
was  in  his  possession  ?    Or  would  his  Majesty's  advocate  have  made  the  most 
important  discovery  that  such  was  the  case,  without  taking  advantage  of  it  on 
the  trial,  or  placing  a  hint  of  that  unexpected  discovery  on  the  record  ?    What 
then  becomes  of  Mr  Pitcairn's  note,  intimating  that  the  public  prosecutor  had 
not  thought  it  necessary  to  libel  upon  more  than  an  "  abstract "  of  ihe  five  Logan 
letters,  which  our  antiquary  assumes  to  have  been  in  his  power  at  the  date  of 
the  proceedings  against  Sprot  I    With  the  highest  respect  for  that  intelligent 
collector's  valuable  researches,  we  must  say,  that  loose  and  partial  notes,  and 
ill-digested  views  of  evidence,  deteriorate  the  value  of  such  an  undertaking,  and 
are  detrimental  to  the  cause  of  historical  truth  in  which  he  labours.    Even  the 


276  NOTES  TO  BOOK  VII. 

best  historians  will  think  it  a  sufficient  fulfilment  of  the  task  of  research,  upon  a 
particular  incident,  to  turn  over  the  groaning  pages  of  Mr  Pitcairn's  voluminous 
collection,  which  may  be  termed  the  Book  of  Sighs,  and  to  hasten  for  assistance 
and  relief  to  his  guiding  notes ;  and  thus  error  enters  history  {romauthentic  records! 

For  the  first  time,  then,  in  the  strange  proceedings  against  the  bones  of  the 
unconscious  Restah-ig,  were  those  treasonable  letters,  said  to  be  in  his  hand- 
writing, produced.  Where  they  had  been  found,  during  the  interval  between 
those  two  processes,  the  public  prosecutor  does  not  vouchsafe  to  disclose.  His 
summons  of  treason,  and  the  whole  record,  is  silent  upon  that  subject.  He  men- 
tions, in  the  narrative,  the  now  defunct  Sprot's  part  in  the  drama.  "  Nor 
was  that  horrid  treason,"  we  translate  from  the  Latin  summons,  "  of  the  said 
Robert  Logan  detected,  until  the  deceased  George  Sprot,  at  the  instigation,  as 
it  would  appear,  of  divine  Providence,  for  the  sake  of  vindicating  our  fame  from 
the  calumnies  of  wicked  men,  voluntarily  disclosed  (ultro  patefecit),  the  said 
treasonable  conspiracy,  and  the  guilt  of  the  said  Robert  Logan  therein,  in  the 
most  consistent  confessions  {constanlissimis  confessionibus),  which  he  verified 
(manifestavit)  by  quoting  a  letter  (.Uteris  prolatis)  he  had  received  (acceperai) 
from  the  said  James  Bour ;  and  happily  confirmed  all  this  by  a  constant  and 
pious  death  of  penitence  for  the  crime  he  had  committed,  in  so  long  concealing 
such  horrible  wickedness." 

In  the  above  translation,  we  have  given  his  Majesty's  advocate  credit  for  not 
having  falsely  narrated  the  state  of  the  record  in  the  case  of  Sprot.  But  as 
some  readers  might  put  a  difierent  interpretation  upon  the  most  important  sen- 
tence in  the  paragraph  quoted,  that  which  speaks  of  the  treasonable  letter 
which  Sprot  did  not  receive,  but  stole,  from  Bour,  we  here  give  it  in  the  original 
words  : — "  El  dicti  quondam  Roherti  Uteris,  quas  a  dido  quondam  Jacoho  Bour 
acceperat,  prolatis,  manifestavit."  One  meaning  of  the  Latin  verb  profero,  is 
to  cite  or  quote.  It  means  also  to  tell,  publish,  make  known,  utter,  or  pro- 
nounce. Any  one  of  these  significations  is  consistent  with  the  fact,  that  Sprot, 
in  his  confession,  repeated  from  memory  the  substance  of  a  letter  which  he  did 
not  produce.  For,  again,  Literis  does  not  mean  letters,  but  a  letter.  We  have 
the  authority  of  Cicero  for  saying,  that  "Literas  dare  ad  aliquem"  means  to 
send  one  a  letter,  tind  that  "  itnis  literis"  means  in  one  letter.  On  the  other 
hand,  profero  bears  the  meaning,  to  profier,  hold  out,  or  produce  ;  and  some 
may  think  that  the  passage  should  be  translated,  "  by  means  of  producing 
letters,  which  he  had  received  from  the  said  James  Bour."  This  translation, 
however,  if  admissible,  would  furnish  no  argument  whatever  to  prove  that  Sprot 
had  received  those  letters  from  Bour,  and  that  they  were  produced  at  his  trial. 
It  would  only  prove  that  the  lord  advocate,  in  the  summons  of  treason  against 
Logan,  ha^d  falsely  narrated  the  state  of  the  record  in  the  proceedings  against 
Sprot.  The  passage,  therefore,  must  be  translated  consistently  with  Sprot's 
own  confession,  and  with  the  advocate's  own  libel  against  him.  No  other  his- 
tory of  the  five  letters  produced  in  Logan's  case  is  vouchsafed  by  the  public  pro- 
secutor, and  no  one  can  tell  from  whence  they  came. 

The  facts,  that  Sprot  abstracted  but  one  letter  from  Bour,  and  only  repeated 
that  from  memory  in  his  confession,  and  that  the  public  prosecutor  simply 
turned  his  confession  into  a  libel,  and  produced  no  letter  at  all,  being  proved 
unequivocally  by  the  original  record  of  Sprot's  trial,  it  must  be  admitted  that 
no  statement  to  the  contrary,  found  in  any  mere  chronicler  of  the  period,  is  of 
the  slightest  value  against  that  original  record.  Caldervvood  has  a  loose  para- 
graph on  the  subject,  in  which  he  seems  to  have  mixed  up  the  proceedings 
against  Sprot  and  Logan,  as  if  they  had  been  contemporaneous,  and  one  case. 
"  Letters  were  found  in  his  (Sprot's)  house,"  he  says,  "  alleged  to  be  written  by 
the  umquhill  laird  of  Restalrig  to  certain  persons  whose  names  could  not  be 
known,  because  the  letters  were  not  directed  on  the  back  :  a  relation  was  made 
in  the  letters  of  the  whole  proceedings  of  Cowrie's  treason,  and  about  some 
meeting  appointed  for  that  purpose  betwixt  the  earl,  Mr  Alexander,  his  brother. 


NOTES  TO  BOOK  VII.  277 

and  the  said  laird,  in  the  house  of  Fascastle."  But  it  is  absolutely  certain  that 
the'contents  of  these  letters  were  only  known  at  LogarCs  trial  a  twelvemonth 
after  Sprot  had  been  disposed  of.  Moreover,  Sprot  himself  deponed  that  he  had 
one  letter  (which  he  had  stolen),  and  one  only,  in  his  house,  that  from  Logan  to 
Gowrie ;  and  the  public  prosecutor  libelled  and  founded  vehemently  upon  tho 
absolute  truth  of  the  whole  of  his  deposition.  Had  more  than  one  letter  been 
in  Sprot's  house,  unquestionably  he  would  have  so  deponed.  Calderwood  has 
recorded  what  Sprot  himself  contradicts,  and  what  the  public  prosecutor  never 
alleged  in  cither  of  those  two  most  suspicious  criminal  processes. 

Mr  Pitcairn  does  not  quote  Calderwood  in  his  illustrations;  but  he  has 
printed,  along  with  the  proceedings  in  question,  a  "  curious  fragment,  among 
the  voluminous  MS.  collections  of  Wodrow,  preserved  in  the  Library  of  the 
Faculty  of  Advocates,  in  an  anonymous  MS.,  marked—'  Hist,  of  Church  of 
Scotland.'— Rob.  III.  2.  It  is  evidently  written  by  some  person  who  entertained 
ideas  unfavourable  to  the  reality  of  the  conspiracy."  Upon  comparing  this 
anonymous  fragment  with  Calderwood,  we  find  the  two  passages  to  be  identical, 
or  very  nearly  so.  If  this  fragment  be  earlier  than  Calderwood's  History,  we 
have  here  the  source  of  that  historian's  inaccurate  account ;  otherwise  it  may 
be  the  remnant  of  an  old  MS.  of  his  history. 

We  now  return  to  the  text  of  our  author  Spottiswoode,  which  is  something 
more  to  the  purpose.  His  name  stands  third  in  the  list  of  those  distinguished 
assessors  who  sat  upon  the  trial  of  George  Sprot.  He  was  on  the  scaffold,  too, 
at  the  no  less  discreditable  scene  of  his  execution.  Calderwood  narrates  an 
anecdote  curiously  coinciding  with  the  sceptical  contempt  which'  our  author  ex- 
presses in  his  history,  and  not  a  little  characteristic  of  the  whole  aifair.  Mani- 
festly, the  entire  strength  of  tho  case  for  the  king  was  left  to  depend  upon  the 
culprit's  steady  adherence  to  the  confession  which  had  been  cooked  into  shape 
by  torture,  or  upon  the  public  faith  in  that  adherence.  "  A  little  before  the 
execution,"  says  Calderwood, "  when  Mr  John  Spotswod,  bishop  of  Glasgow, 
said  to  Mr  Patrick  Galloway, '  I  am  afraid  this  man  make  us  all  ashamed,'  Mr 
Patrick  answered, '  Let  alone,  my  lord,  I  shall  warrant  him  ;'  and  indeed  he 
had  the  most  part  of  the  speech  to  him  upon  the  scaffold."  He  was  the  "  king's 
minister."  Spottiswoode's  private  conviction  unquestionably  seems  to  have  been, 
that  in  the  case  there  was  no  truth,  in  the  execution  no  justice.  But  those  were 
times  when  men  of  the  highest  station,  and  purest  character,  were  too  often 
compelled  to  put  their  conviction  in  their  sleeve,  and  their  conscience  in  their 
pocket.  Had  the  treasonable  letters  been  produced  on  Sprot's  trial,  or  even 
one  well  authenticated  letter,  there  would  have  been  little  reason  for  the  courtly  • 
bishop  expressing  his  fear  that  the  wretched  man  on  the  scaffold  would  "  make 
us  all  ashamed."  Against  such  evidence,  found  in  his  own  repositories,  his 
dying  recantation  would  have  availed  nothing.  But  not  a  letter  had  as  yet 
been  produced.  Spottiswoode  says  so  distinctly  in  his  history.  The  original 
record  of  the  trial  confirms  this  statement  of  a  judge  who  was  present ;  and  his 
statement  in  like  manner  confirms  the  record  of  the  trial.  The  fact  shakes  the 
credit  of  this  criminal  process,  and  the  farce  that  followed,  to  the  very  founda- 
tion; and  throws  another  dark  shade  of  suspicion  upon  the  truth  of  the  Gowrie 
conspiracy.  But  let  us  see  how  this  important  point  has  been  treated  by  modern 
historians. 

1.  Dr  Robertson  records  the  Sproto-Logan  story  as  a  "  strange"  one,  but  gives 
credence  to  it ;  manifestly,  however,  without  much  consideration,  or  any  research. 
After  narrating  how  the  notary  of  Eyemouth  had  brought  this  awful  storm  upon 
his  own  head,  he  goes  on  to  say, — "  Both  Logan  and  Bourwere  now  dead.  But 
Sprot  affirmed  that  he  had  read  letters  written  both  by  Gowrie  and  Logan  on 
that  occasion  ;  and,  in  confirmation  of  his  testimony,  several  of  Logan's  letters 
— which  a  curiosity  fatal  to  himself  had  prompted  Sprot  to  steal  from  among 
Bour's  papers— were  produced.  Logan's  letters  were  five  in  number.  One  to 
Bout,  another  to  Gowrie,  and  three  of  them  without  any  direction  ;  nor  did 


278  NOTES  TO  BOOK  VII. 

Sprot  declare  the  name  of  the  person  to  whom  they  were  written."  (Hist,  of 
Scotland,  Book  viii.) 

In  theso  sentences,  the  elegant  historian  of  Scotland  makes  no  distinction, 
either  in  point  of  time  or  testimony,  between  the  two  trials,  namely,  of  Sprot 
and  of  the  bones  of  Logan.  He  states,  as  a  fact,  that  the  five  Logan  letters 
were  produced  at  Sprol^s  trial,  "  in  confirmation  of  his  testimony  ;"  and  that 
Sprot  had  stolen  them  all  "  from  among  Bour's  papers  !"  The  context  proves 
that  he  means  the  whole  five  letters  that  were  produced  at  the  Logan  trial ;  for, 
in  the  first  line  of  the  sentence,  ho  says,  "  several  of  Logan's  letters,"  and  then 
immediately  adds  in  a  note,  "  Logan's  letters  were  five  in  number — nor  did  Sprot 
declare  the  name  of  the  person  to  whom  thei/  were  written."  What  wild  work 
is  here  !  Had  the  historian  consulted  the  original  record,  he  would  have  found 
that  Sprot  himself — the  sole  authority  for  this  alleged  theft  of  letters — only 
confessed  to  having  stolen  a  single  letter, — which  fact  was  disbelieved  by  one  of 
the  principal  assessors  on  his  trial,  because  even  that  letter  was  not  produced  ; 
and  the  judge's  ground  of  disbelief  is  confirmed  by  the  original  record. 

Under  this  confused  narrative  of  the  state  of  these  separate  processes,  and 
this  imperfect  knowledge  of  the  state  of  the  evidence  on  record,  Dr  Robertson 
expresses  surprise  at  the  scepticism  of  our  author.  "  Spottiswoode  could  not  be 
ignorant,"  he  says,  "  of  the  solemnity  with  which  Logan  had  been  tried,  and  of 
the  proof  brought  of  the  authenticity  of  his  letters  :  he  himself  was  probably 
present  in  parliament  at  the  trial  :  the  earl  of  Dunbar,  of  whom  he  always 
speaks  with  the  greatest  respect,  was  the  person  who  directed  the  process 
against  Logan  :  such  a  peremptory  declaration  against  the  truth  of  Sprot's  evi- 
dence, notwithstanding  all  these  circumstances,  is  surprising."  The  historian 
then  refers  to  a  courtly  report  (most  suspicious  in  all  its  terms)  from  Sir  Thomas 
Hamilton  (earl  of  Haddington)  to  the  king,  in  which  the  former  asserts  that 
there  was  vast  unanimity,  as  to  the  truth  and  propriety  of  the  whole  proceedings, 
and  that  none  but  traitors  would  "any  longer  refuse"  to  declare  their  belief  in 
the  Gowrie  conspiracy.  (See  the  letter  in  Pitcairn's  Collection).  Sir  Thomas 
Hamilton  was  his  majesty's  advocate  for  his  majesty's  interest.  As  for  "  the 
solemnity  with  which  Logan  was  tried "  being  any  reason  why  Bishop  Spottis- 
woode should  have  believed,  so  little  did  he  think  so  himself,  that  he  has  not 
deemed  the  trial  of  Logan's  bones,  or  the  authenticity  of  those  letters,  a  subject 
worthy  of  notice  at  all.  Who  was  there  to  support  the  authenticity  of  those 
letters,— who  dared  contradict  it  ?  Logan  the  writer  of  them,  Bour  the  carrier 
and  custodier  of  them,  Sprot  who  had  seen  and  read  them,  were  all  dead  before 
those  letters  were  produced.  With  none  to  oppose  him,  with  none  who  dared 
oppose,  the  public  prosecutor  for  an  irresponsible,  unscrupulous,  and  most  un- 
principled government,  triumphed  comparatione  literarum,  and  sang  lo  pcean 
to  the  king.  Men  swore  it  was  the  handwriting  of  Logan,  whicli  they  knew. 
It  was  particularly  noted  in  evidence,  that  the  now  fleshless  traitor  always 
wrote  his  "  yous  "  with  a  y,  instead  of  a  ^r,— and  there  they  were  !  Never  was 
the  comparatio  literarum  more  worthless  than  upon  this  memorable  occasion. 

There  are  two  modes  of  bringing  this  imperfect  species  of  evidence  to  bear  upon 
the  question  of  a  forgery.  If  a  skilfully  forged  document,  or  signature,  be  laid 
before  a  witness  of  competent  knowledge  and  experience,  to  discover  whether  it 
be  false,  and  ho,  notwithstanding  the  skill  of  the  imitation,  detects,  and  can 
point  out,  some  difi'erences  or  peculiarities  which  assure  him  of  a  forgery,  this  is 
positive  evidence  of  such  deficiencies  in  the  imitation,  and  is  proper  evidence 
quantum  valeat.  But  if  a  witness,  however  experienced  and  skilful,  be  brought 
to  support  the  authenticity  of  a  document  by  such  comparison,  and  swears  to 
it  because  he  can  see  no  peculiarity  or  difference  indicatiug  forgery,  his  evi- 
dence is  merely  negative,  and,  in  a  question  of  forgery,  has  no  weight  or  value 
whatever.  Were  it  otherwise,  every  forgery  so  well  executed  as  to  defy  com- 
parison, would  be  proved  authentic  by  that  circumstance  alone.  Of  this  last  kind 
was  the  evidence  upon  which  even  modern  historians  have  so  rashly  come  to  the 


NOTES  TO  BOOK  VII.  279 

conclusion,  that  the  authenticity  of  those  letters  had  been  amply  proved.  "  They 
were  compared,"  says  Dr  Robertson,  "  by  the  privy  council  with  papers  of 
Logan's  handwriting,  and  the  resemblance  was  visible:  persons  of  undoubted 
credit,  and  well  qualified  to  judge  of  the  matter,  examined  them,  and  swore  to 
their  authenticity  "  / 

This  charming  historian  having  arraigned  the  scepticism  of  Spottiswoode,  we 
are  entitled  to  arraign  the  credulity  of  tlie  more  polished  and  enlightened  mo- 
dern. We  are  not  to  suppose  that  Dr  Robertson  wrote  his  history  ironically. 
When  he  records  facts,  we  are  bound  to  understand  that  he  believed  them  to  be 
such.  He  thus  concludes  his  narrative  and  argument  relating  to  George  Sprot : — 

"  He  adhered  to  his  confession  to  the  last ;  and  having  promised,  on  the 
scaffold,  to  give  the  spectators  a  sign  in  confirmation  of  the  truth  of  what  he 
had  deposed,  he  thrice  clapped  his  hands  after  he  was  thrown  off  the  ladder  by 
the  executioner." 

It  will  be  seen  that  our  author  Spottiswoode  asserts  the  same,  without  any 
expression  of  scepticism,  and  he  was  upon  the  scaffold.  He  lived  in  an  age  of 
superstition,  extreme  credulity,  and  delight  in  the  marvellous.  But  Dr  Robert- 
son ! !  Would  the  Scots  professor  have  accepted  the  proposition  in  this  shape  \ 
A  man  launched  from  the  gallows,  his  power  of  breatlung  suddenly  cut  off  by 
the  force  of  a  ligature  round  his  throat,  and  with  the  whole  weight  of  his  body 
tearing  at  his  spinal  marrow  from  the  neck,  is,  nevertheless,  capable  at  that 
moment  of  exercising  his  living  faculties,  liis  memory  and  his  will,  as  if  in  un- 
broken continuity  from  the  time  when  he  stood  in  life  upon  the  scaffold  !  All 
this,  and  no  less,  is  involved  in  the  assertion  that  Sprot,  when  sus.  per  col., 
punctually  and  exactly  performed  the  promise  which  he  had  made  (or  which 
Mr  Patrick  Galloway  made  for  him)  on  the  scaffold.  That  the  action  was  the 
simple  one,  and  perhaps  the  most  convenient  for  a  man  hanging,  of  clapping  his 
hands,  removes  none  of  the  difficulty.  If  it  was  the  deliberate  fulfilment  of  a 
promise  made  beforehand,  then  there  is,  or  may  be,  complete  presence  of  mind, 
the  exercise  of  memory,  and  the  command  of  will,  all  active  in  a  human  being 
the  moment  after  the  weight  of  his  body  has  fallen  upon  his  neck  from  a  gallows  ! 
That  Sprot,  under  the  instructions  of  "  Maister  Patrick  Galloway  the  king's 
minister,"  should  have  announced  the  presumptuous  promise,  may  be  believed. 
That  the  convulsive  action  of  the  dying  or  dead  man's  hands  would  be  repre- 
sented by  those  interested,  and  understood  by  the  vulgar  or  the  credulous,  as  a 
conscious  fulfilment  of  it,  is  no  less  likely.  But  that  it  should  be  received  and 
recorded  as  a  fact  by  Dr  Robertson,  was  no  more  to  have  been  expected,  than 
if  he  had  received  and  recorded  this  story,  physically  just  as  possible,  that  Sprot 
applied  to  his  nose  a  pinch  of  snuff,  puUed  off  his  night-cap,  and  kissed  his  hand 
to  the  spectators,  immediately  after  he  had  been  "  launched  into  eternity." 

2.  Malcolm  Laing,  in  the  first  edition  of  his  history,  had  arrived  at  the  conclu- 
sion, that  the  Logan  letters  were  forgeries.  He  submits  them  to  a  close  and 
searching  inspection,  and  it  would  not  be  easy  to  answer  the  reasons  which  he 
there  assigns  for  his  very  decided  opinion.  But  his  argument  is  crippled  by  the 
circumstance,  that  he,  too,  has  fallen  into  the  great  mistake  of  assuming  that  at 
least  one  of  the  letters  taken  down  from  Sprot's  memory  (or  his  pretended 
memory)  in  that  confession,  which  the  king's  advocate  simply  turned  into  a  libel, 
was  actually  produced  by  Sprot  at  that  time.  "  There  were  two  letters,"  he 
says,  ^''produced  at  his  confession,  the  one  from  Gowrie,  which  of terwards  dis- 
appeared, the  other  a  traiiscri^t  of  Logan's  answer,  the  original  of  which  was 
preserved  among  his  writings,  and  engrossed  in  his  indictment ;  but  at  Logan's 
posthumous  trial,  four  additional  letters  were  produced  ;  and  although  the 
discovery  of  these  might  be  recent,  the  letter  formerly  inserted  in  Sprot's  in- 
dictment was  again  exhibited  in  a  different  form,"  &c. — (Hist.  Book  i.) 

It  would  have  been  very  odd  had  Sprot,  at  this  confession,  produced  the  ori- 
ginal of  Gowrie's  letter  to  Logan,  and  only  a  transcript  of  Logan's  to  Gowrie, — 
which  last  only  ho  admitted  to  be  in  his  possession.  The  transcript  is  a  gratuitous 


280  NOTES  TO  BOOK  VII. 

assumption  of  Mr  Laing's — that  historian  having  perceiyed  that  the  confession 
proved  that  the  letter  itself  was  not  produced.  It  is  immaterial  to  the  present 
argument  whether  Sprot  then  produced  a  transcript  of  the  alleged  letter,  or 
whether  the  tenor  of  it  was  taken  down  from  his  memory.  But  there  is  no 
authority  whatever  for  the  fact  assumed,  nor  is  there  the  least  likelihood  that 
Sprot  .would  have  been  carrying  about  his  person  a  transcript  of  that  letter,  for 
which  he  referred  his  examiuators  to  his  private  repositories.  Neither  is  there 
the  sliglitest  authority  for  assuming  that  it  was  engrossed  in  his  indictment /rom 
the  original.  The  confession,  and  that  part  of  the  indictment  which  embraces 
the  letter,  are  composed  ipsissimis  verbis.  Moreover,  the  fact,  so  pointedly  and 
justly  noticed  by  Laing,  that  when  the  same  letter  was  produced  at  Logan's 
trial,  it  xvas  not  the  same,  of  itself  sufficiently  proves  that  the  king's  advocate 
had  formerly  recovered  no  such  original  letter  from  the  repositories  of  the  tor- 
tured notary  as  that  contained  in  his  indictment.  As  for  the  production  of  "  the 
one  from  Gowrie,  which  afterwards  disappeared,"  here  also  the  historian  has 
rashly  assumed  a  fact,  unsupported  by,  and  contrary  to,  the  evidence.  Sprot 
himself  expressly  depones,  that  the  only  letter  of  the  alleged  treasonable  cor- 
respondence that  was  ever  in  his  possession,  was  the  single  one  from  Logan  to 
Gowrie,  which  he  stole  from  Bour.  Can  he,  then,  at  the  very  time  he  so  de- 
poned, be  supposed  to  have  produced  that  other  letter  from  Gowrie  to  Logan  1 
And  if  he  had,  how  could  it  have  "  disappeared  "  ?  The  truth  is,  it  never  ap- 
peared ;  and  the  probability  is,  that  it  never  existed. 

In  the  second  edition  of  his  history,  however,  Malcolm  Laing  comes  to  a 
totally  different  conclusion,  both  with  regard  to  the  Gowrie  conspiracy  and  tho 
authority  of  the  Logan  letters.  His  recantation  affords  so  curious  a  specimen  of 
a  retrograde  movement,  on  the  part  of  an  historian  of  no  small  account  in  Scot- 
land, that  we  must  give  it  entire  : — 

"  No  historical  question  has  ever  perplexed  me  more  than  the  Gowrie  con- 
spiracy. From  the  different  copies  of  the  same  letter  from  Logan  to  Go^vrie,  as 
inserted  in  Sprot's  trial,  and  in  Logan's  attainder,  I  did  not  hesitate,  in  the  first 
edition  of  this  history,  to  pronounce  the  whole  correspondence  a  forgery.  The 
difference  appeared  to  be  still  greater  upon  examining  the  original  Records  of 
Justiciary  and  Parliament,  in  which  Sprot's  trial  and  the  attainder  of  Logan 
are  respectively  engrossed.  At  the  same  time,  the  absolute  identity  of  the  letters 
with  Logan's  handwriting  is  attested  by  such  strong  and  unexceptionable  evi- 
dence, that  any  explanation,  sufficient  to  reconcile  the  apparent  contradiction 
between  the  different  copies  of  the  same  letter,  should  be  preferred  to  the  ulti- 
mate supposition  of  forgery.  The  explanation  which  I  have  now  discovered, 
has  at  last  convinced  me  that  the  letters  are  genuine,  and  that  Logan  was  really 
accessory  to  the  Gowrie  conspiracy. 

"  Sprot,  in  his  confession  (which  is  preserved  by  Abbot,  but  not  inserted  in 
the  Records  of  Justiciary),  recites  from  memory  the  substance  of  Gowrie's  letter 
to  Logan,'  which  he  had  seen  with  Bour  before  it  was  returned  to  the  earl  with 
Logan's  answer.  This  answer,  also,  which  he  had  stolen  from  Bour,  by  whom 
it  had  been  sent  back  to  Logan,  he  proceeds,  in  the  same  manner,  to  recite  from 
memory  ;-  and  preserves  the  most  striking  expressions  and  circumstances,  but 
with  many  unavoidable  alterations,  omissions,  and  additions  of  his  own.  'Hie 
letter  itself  was  preserved,  as  he  said,  among  his  other  papers  in  a  chest  at 
Eyemouth  ;  and  the  regular  mode  of  procedure  undoubtedly  was,  to  have  searched 
for  tho  original,  and  to  have  produced  it  at  his  trial.  But  the  privy-council 
having  obtained  his  confession  on  the  tenth  and  eleventh  of  August,  to  prevent 


'  In  his  first  edition,  Laing  (wlio  was  never  at  a  loss  for  a  fact  when  he  wanted  it)  soys  tliat 
Sprot  produced  tliat  letter  from  Qowrie  to  Logan. 
'  In  tlie  first  edition,  he  sajs  that  Sprot  produced  a  transcript  of  thU  letter. 


NOTES  TO  BOOK  VII.  281 

his  retracting  it,  brought  him  to  trial  upon  the  twelfth  ;  and  he  was  executed  on 

the  same  day  that  ho  was  condemned.  The  letter  recited  in  his  confession  was 
inserted  in  his  indictment  instead  of  the  original;  and  from  this  circumstance, 
Spottiswoode,  who  sat  upon  his  trial  as  one  of  the  assessors  to  the  Justice- 
general,'  was  doubtful  whether  he  should  mention  the  arraignment  and  execu- 
tion of  Sprot  in  his  history  ;  '  his  confession,  though  voluntary  and  constant, 
carrying  small  probability.  It  seemed  a  very  fiction,  and  to  be  a  mere  invention 
of  the  man's  own  brain  ;  for  neither  did  he  show  the  letter,  nor  would  any  wise 
man  think  that  Gowrie,  who  went  about  that  treason  so  secretly,  would  have 
communicated  the  matter  with  such  a  man  as  this  Restalrig  was  known  to  be.' 
But  the  letter  itself  was  discovered  afterwards  among  Sprot's  papers,-  together 
with  four  others  from  Logan  to  some  unknown  correspondent  on  the  subject  of 
the  conspiracy  (Cromarty,  92) ;  and  this  explanation  of  the  fact  removes  the 
seeming  contradiction  between  the  diiferent  copies  of  the  same  letter,  as  inserted 
in  Sprot's  indictment  and  in  the  attainder  of  Logan."  Edition  1819,  vol.  iii. 
Note  II.  p.  538. 

Never  did  any  historian  more  completely  stultify  himself  than  Mr  Laing  has 
done  by  this  second  edition  of  his  views  regarding  the  authenticity  of  the  Logan 
letters,  and  their  bearing  upon  the  truth  of  the  Gowrie  conspiracy.  It  will  be 
observed,  that  this  absolute  but  irrational  repudiation  of  all  his  former  reasoning 
on  the  subject  is  entirely  based  upon  the  single  allegation,  that  the  five  letters 
in  question  were  "  discovered  afterwards  among  Sprot's  papers."  What  though 
they  were  ?  How  would  that  have  proved  the  authenticity  of  letters,  the  con- 
tents of  which,  as  indeed  Mr  Laing  himself  has  partly  shown,  in  his  first  edition, 
cannot  stand  the  test  of  a  close  inspection  and  comparison  with  facts  and  dates  ? 
The  inexplicable  circumstance  is  admitted,  and  most  weakly  handled  by  this 
historian,  that  the  public  prosecutor  himself,  with  this  alleged  treasure  in  his 
possession,  neither  ventured  to  use  the  letters,  which  were  the  very  foundation 
of  his  prosecution,  on  the  trial  of  Sprot,  nor  to  drop  a  hint  that  he  had  found 
them.  As  the  passage  in  his  history  proves.  Archbishop  Spottiswoode,  one  of 
the  principal  assessors  on  that  trial,  and  whose  conviction  of  the  truth  of  the 
proceedings  it  was  essential  to  secure,  was  left  in  ignorance  of  such  a  discovery, 
and  historically  recorded  in  consequence  his  utter  contempt  and  disbelief.  But 
how,  we  repeat,  would  the  discovery  have  authenticated  the  letters  ?  Sprot  was 
a  miserable  tool  in  the  hands  of  unscrupulous  power.  He  was  a  poor  scribe,  of 
very  bad  character,  and  notorious  as  an  imitator  of  autographs  and  forger  of 
documents  :  "  prceterea,  Scriba  tarn  fmlix  in  imitandis  chirographis,  signisque 
effingendis,  ut  verane  an  falsa  internosci  vix  possent."  (See  Historia  Rerum 
Britannicarum,  Roberto  Jonhstono ;  MS.  Advocates' Library.  Also  a  copy  of 
the  same  printed  at  Amsterdam  1655,  p.  267.)  Were  it  proved  that  the  public 
prosecutor  actually  got  those  missives  from  Sprot  himself,  or  out  of  his  reposi- 
tories, the  fact  would  only  make  room  for  the  very  prevalent  theory,  that  the 
wretched  notary  himself,  who  had  been  led  on  to  become  the  instrument  of  his 
own  destruction,  had  also  been  made  the  instrument  of  a  desperate  crime  of  the 
court. 

But  Mr  Laing's  recantation  is  far  more  faulty  and  irrational  than  this.  He 
has  assumed  the  fact,  inadequate  though  proved,  upon  authority  that  is  not  of 
the  slightest  value  ;  and  even  that  he  has  misquoted,  and  stretched  beyond  its 
limit.  It  was  to  be  expected,  from  an  historian  of  his  pretension  and  reputation, 
that  so  violent  a  change  of  opinion,  upon  a  subject  of  no  small  historical  import- 
ance, would  be  accounted  for,  not  only  by  the  announcement  of  some  most 


The  Justice-general  did  not  preside.    It  was  "  Mr  William  ITairt,"  one  of  the  Justice- 
deputes,  who  were  often  mere  cyphers  upon  such  occasions. 

^  But  Spottiswoode  must  have  known  the  fact  of  the  recovery  of  the  original,  before  writing 
his  history,  had  it  been  a  fact. 


282  NOTES  TO  BOOK  VII. 

relevant  fact,  but  by  that  stated  upon  unequivocal  authority,  precisely  and 
accurately  quoted.  His  fact  is,  that  all  the  five  Logan  letters  were  discovered 
in  Sprot's  repositories.  His  whole  autliori/;/,  and  manner  of  quoting  it,  is  com- 
prehended in  this  cabalistic  parenthesis  "(Cromarty, p.  92)." 

That  ancient  courtier  and  statesman,  George,  first  earl  of  Cromarty,  when 
eighty-three  years  of  age,  published  a  defence  of  "  The  Royal  Family  in  Scot- 
land," against  the  "  Generation  of  Vipers,"  who  "  did  suggest  and  propagate  most 
abominable  lies  against  the  majesty,  honour,  and  person  of  King  James  the  Sixth, 
in  the  matter  of  Gowrie's  conspiracy  and  punishment  thereof."  This  nobleman 
had  been  Clerk  Register  and  Justice-general  in  Scotland,  which  gave  him  the 
best  opportunities  of  exploring  the  records  there.  As  regards  the  matter  of  the 
Gowrie  conspiracy,  he  appears  to  have  done  so  to  little  purpose  ;  for  of  all  the 
dissertations  and  arguments  on  the  subject,  of  any  pretension.  Lord  Cromarty's 
is  the  loosest  and  the  worst.  Yet  he  wrote  from  vantage  ground.  There  were 
few  who  explored  the  records  in  his  day,  or  indeed  who  had  access  to  them. 
The  great  Register  House  of  Scotland  still  reposed  in  Craigleith  quarry  ;  and 
its  most  indefatigable  searcher,  the  editor  of  the  Book  of  Sighs,  yet  slumbered 
in  uncreated  dust.  Earl  Cromarty  was  not  a  Pitcairn.  He  seems  to  have  found 
the  original  record  of  Sprot's  prosecution,  and  of  the  subsequent  Logan  affair, 
including  the  Logan  letters  themselves.  But  he  does  not  publish  a  full  and 
exact  print  of  all  the  documents,  as  we  have  them  now  fi-om  Mr  I'itcairn.  The 
consequence  of  the  violent  courtly  spirit  in  which  he  writes,  and  of  his  isolated 
command  of  the  original  sources  of  information,  is,  tliat  while  he  extracts  a  great 
deal,  and  with  tolerable  accuracy,  he  takes  some  most  important  liberties  with 
the  record,  which  materially  aid  his  own  theory.  A  notable  example  is  this  : 
Professing  to  give  verbatim  the  confession  upon  which  Sprot  was  convicted,  when 
he  comes  to  that  part  of  it  where  the  miserable  notary  quotes,  or  pretends  to 
quote,  from  memory,  Goivrie's  letter  to  Logan,  instead  of  inserting  that  which  is 
printed  in  the  confession,  our  noble  author  interjects  this  of  his  own, — "  And 
producing  the  earl  of  Gowrie's  letter  to  Restalrig,"  &c.  Thus  my  Lord  Cromarty 
becomes  authority  for  the  fact  (and  the  sole  authority),  that  Logan  had  actually 
produced  into  the  hands  of  the  public  prosecutor  that  important  letter  from  the 
chief  conspirator,  which  ivas  never  heard  of  or  seen  more.  The  terms  of  the 
confession  itself,  however,  proves  that  Sprot  produced  no  letter,  and  only  ad- 
mitted the  possession  of  one,  that  from  Logan  to  Goivrie,  which  he  said  was  in 
his  repositories. 

Malcolm  Laing  founds  his  own  recantation  upon  the  alleged  fact  that  the 
whole  five  Logan  letters  were  found  in  Sprot's  repositories.  For  this  ho  quotes 
the  noble  author,  though  somewhat  briefly  and  shyly.  But  the  Earl,  inclined  as 
he  is  to  stretch  matters,  says  no  such  thing.  Ho  docs  not  say  that  the  five  letters 
produced  at  the  Logan  trial  were  found  among  Sprot's  papers,  as  Malcolm  Laing 
has  it.  Did  this  ingenious  historian  imagine  tliat  no  individual  of  the  public, 
whom  he  entertains  with  his  candid  recantation,  would  feel  interested  to  consult 
for  himself  "  Cromarty,  9"2  "  I  We  have  done  so,  and  must  here  lay  before  our 
readers  the  whole  passage  referred  to,  premising  that  the  Earl  is  narrating  the 
substance  of  Sprot's  confession,  and  occasionally  interjecting  a  parenthesis  of 
his  own  : — 

"  And  deponed,  that  he  did  abstract  (i.  e.  steal)  quietly  from  James  Bour,  the 
principal  letter  written  by  Restalrig  to  the  earl  of  Gowrie,  which  Bour  had 
brought  back  from  the  earl  of  Govvi'ie  (as  was  the  custom  amongst  them  at  that 
time) ;  and  that  when  James  Bour  employed  him,  Sprot,  to  look  over  his  papers, 
that  he  did  keep  the  same,  and  tliat  it  was  yet  in  his  keeping,  and  was  in  his 
chest  among  his  writings,  where  he  left  it  when  he  was  taken  (aud  accordingly 
the  letter  was  found  there  by  the  Sheriff-depute,  who  was  ordered  by  Sir 
WiUiam  Hart,  Lord-justice  of  Scotland,  to  seize  the  said  chest,  and  search  for  this 
letter,  which  was  found  and  delivered  to  the  king's  advocate)."  Cromarty,  92. 
Thus,  between  "  Cromarty,  92,"  and  Mr  Malcolm  Laing,  the  whole  five  cups 


NOTES  TO  BOOK  VII.  283 

are  found  iu  the  sack  df  Benjamin.    But  the  chief  merit  is  due  to  Mr  Laing, 
who  discovers  four  of  them  himself,  Lord  Cromarty  having  only  found  one.^ 

We  have  already  seen  that  the  noble  author,  contrary  to  the  evidence  of  the 
record  before  him,  had  taken  the  liberty  to  assert  that  Sprot,  upon  the  occasion 
of  his  confession,  had  produced  that  mysterious  letter  from  Gowrie  to  Logan, 
which,  as  Mr  Laing  has  it,  "  afterwards  disappeared."  Notwithstanding  the 
precise  manner  in,  which  his  lordship  states  that  the  other  letter  irora  Logan 
to  Gowrie,  which  Sprot  admitted  to  be  in  his  possession,  was  sought  for  and 
found,  we  have  every  reason  to  believe  that  assertion  also  to  rest  entirely  upon 
the  ipse  dixit  of  the  octogenarian  courtier.  We  have  been  unable  to  discover 
any  other  authority  for  the  fact;  which,  however,  is  not  very  material  to  the 
argument  of  the  authenticity  of  the  Logan  letters.  If  the  public  prosecutor 
could  have  explained  his  possession  of  the  whole  five  letters  in  the  same  manner, 
neither  would  that  have  been  conclusive  of  the  question ;  though  it  would  have  been 
a  little  more  to  the  purpose,  as  Mr  Laing  had  perceived  when  he  so  put  it.  But 
"  Cromarty,  92,"  does  not  say  so.  No  letter  is  spoken  of  in  that  passage,  but  the 
single  one  to  which  Sprot  confessed  ;  and  the  only  rational  conclusion  that  can  be 
arrived  at,  from  the  following  considerations,  is,  that  no  such  letter  was  found. 

1.  Sprot  was  hanged  the  day  after  his  confession,  and  without  production  of 
the  treasonable  letter  which  he  said  was  among  his  papers,  in  his  chest  at  home. 
It  was  the  merest  puerility  in  Mr  Laing  to  attempt  to  explain  this  upon  the 
theory,  that  they  hastened  to  hang  their  victim  lest  he  should  retract  his  con- 
fession. The  letter,  if  authentic,  was  worth  all  the  confessions  in  the  world ;  and, 
moreover,  it  would  have  nailed  him  to  his  confession.  2.  Neither  at  Sprot's  trial, 
nor  when  the  five  letters  were  produced  in  the  following  year,  did  the  public 
prosecutor  drop  a  hint  that  he  had  recovered  any  letter  whatever  out  of  Sprot's 
possession ;  his  own  possession  of  those  letters  he  never  pretended  to  account 
for  ;  nor  in  his  report  to  the  king,  who  was  so  deeply  interested,  did  he  say  how 
or  from  whence  those  letters  had  been  obtained.  3.  The  discrepancies,  between 
the  letter  quoted  in  Sprot's  confession,  and  the  equivalent  produced  at  Logan's 
trial,  are  of  a  nature  not  to  be  explained  by  the  theory  of  an  imperfect  repetition 
from  memoi-y.  4.  Lord  Cromarty  boldly  asserts  that  "  Sir  William  Hart,  Lord 
Justice  of  Scotland,"  gave  orders  to  the  Sherifi"  to  search  for  and  secure  the 
letter  deponed  to  by  Sprot ;  that  this  was  done,  and  that  the  letter  was  delivered 
to  the  Lord  Advocate.  "  Maister  William  Hairt  of  Preston"  was  one  of  the 
Justice-deputes  in  Scotland,  and  presided  under  that  designation  at  Sprot's  trial. 
He  appears  to  have  been  knighted  very  soon  after  the  trial,  and  the  reason  can 
scarcely  be  doubted.  This  respectable  functionary  drew  up  an  ofiicial  account 
of  the  culprit's  examinations,  confessions,  and  execution,  which  was  prefaced 
by  a  long  and  abject  sermon  in  favour  of  the  king,  by  Dr  George  Abbot,  dean 
of  Winchester,  soon  afterwards  made  Primate  of  England.  This  ex  parte 
account  of  the  matter,  so  important  for  his  majesty,  the  courtly  dean  imme- 
diately published  in  London.  It  is  reprinted  by  Mr  Pitcairn,  and  forms  the 
authentic  record  of  that  confession  of  Sprot's,  so  often  referred  to,  upon  which 
alone  he  was  convicted.  The  Justice-depute  there  records  the  fact  that  Sprot,  upon 
reinterrogation,  said  that  the  letter  which  he  had  stolen  was  in  his  repositories. 
But,  throughout  the  whole  of  this  particular  and  ofiicial  account,  Mr  William 
Hart  himself  does  not  say  that  the  letter  was  found,  or  that  he  had  ordered  the 
Sherifi"  to  search  for  it.    Would  he  have  omitted  this  most  important  fact  in  an 


1  If  our  space  would  permit,  we  could  prove,  from  several  striking  examples,  that  Jlalcolm 
Laing  was  never  at  a  loss  for  a  fact,  if  such  were  wanting  to  complete  or  to  render  consistent 
the  evidence  upon  which  he  happened  to  be  relying.  The  above  is  one  instance.  Again,  in 
this  second  edition  of  his  Gowrie  views,  we  hear  nothing  of  that  transcript  of  Logan's  letter  to 
Gowrie,  which  he  formerly  said  that  Sprot  had  produced.  He  has  now  no  use  for  it ;  so  the 
fact  is  as  quietly  withdrawn  as  it  was  assumed. 


284  NOTES  TO  BOOK  Vll. 

official  report,  expressly  published  "  for  satisfaction  of  the  true-hearted  and 
well-afFected  subjects  to  their  gracious  sovereign,  and  closing  of  the  mouths  of 
his  malicious  enemies"  ? 

The  rationality  of  Lord  Cromarty's  mind  upon  the  subject,  and  his  competency 
to  treat  the  question  of  evidence  so  as  to  arrive  at  the  soundest  conclusion,  may 
be  tested  by  the  manner  in  vrhich  he  handles  the  incident  of  Sprot'a  intelligent 
communication  with  the  assembled  multitude,  whilst  in  mid  air  he  was  struggling 
with  the  agonies  of  death,  Wc  must  premise,  moreover,  tliat  there  is  excellent 
contemporary  authority  for  the  fact  that  his  arms  were  pinioned,  probably  by 
the  elbows  from  behind,  as  is  usual  upon  such  occasions,  so  as  to  allow  the  suf- 
ferer to  clasp  his  hands  together,  or  to  use  them  in  prayer,  but  not  to  lift  them 
high  up.  Accordingly,  the  old  Latin  chronicler,  Robert  Johnston,  already 
quoted,  tells  us, — "  Relegatis  post  iergum  manibus,  injecto  cervicibus  laqueo,  cir- 
cutnfusa  ingenti  multitudine,  in  forum  Edinburgenum  ad  supplicium  tractus  est." 
Now  let  us  hear  Lord  Cromarty  upou  the  miraculous  portion  of  the  evidence. 

"  I  had  almost  forgotten  that  which  in  this  action  of  his  death  was  strange, 
and  in  a  manner  marvellous.  For  being  urged  by  the  ministers  and  others  of 
good  rank  upon  the  scaffold,  that  now  at  his  end  he  should  declare  nothing  but 
the  truth,  touching  the  matter  for  which  he  suffered,  on  the  peril  of  his  own 
salvation  or  condemnation  of  his  soul, — he,  for  the  greater  assurance  of  his  con- 
stant and  true  deposition,  promised,  by  the  assistance  of  God,  to  give  them  an 
open  and  evident  token  before  the  yielding  of  his  spirit.  Wliich  he  accomplished 
thereafter;  for,  before  his  last  breath,  when  he  had  hung  a  pretty  space,  he  lift 
up  his  hands  a  good  height,  and  clapped  them  together  aloud  three  several  times, 
to  the  great  wonder  and  admiration  of  all  the  beholders  ;  aud  very  soon  there- 
after he  yielded  his  spirit."    (Cromarty,  122.) 

And  this  leads  us  to  a  somewhat  amusing  point  in  Malcolm  Laing's  solemn 
recantation.  He  had  not  failed,  in  the  first  edition,  to  treat  with  due  contempt 
the  miraculous  part  of  Sprot's  confession.  In  his  text  (vol.  i.  p.  52),  he  narrates 
the  incident,  but  under  the  ironical  qualification,  "  we  are  gravely  informed  ;" 
and  then  in  a  foot  note,  he  adds  :  "  The  fact,  although  attested  by  Spottiswoodo 
in  his  history,  is  omitted  in  the  attestation  of  Sprot's  behaviour  at  his  execution, 
subscribed  by  the  same  historian,  and  those  who  attended  on  the  scaffold. 
Calderwood  and  Johnston  are  also  silent.  The  latter  informs  us  that  his  hands 
were  bound  ;  relegatis  post  tergum  manibus.  Such  is  the  credit  due  to  a  popular 
story,  universally  received."  But  Mr  Malcolm  Laing  changed  his  opinion  on  tho 
subject  of  the  Logan  letters  ;  and  finding  that  this  barbarously  ignorant  anecdote, 
or  disreputable  juggle  of  "  Maister  Patrick  Galloway,  the  king's  minister,"  was 
part  of  the  evidence,  and  relied  upon  by  Cromarty,  he  had  the  unpardonable 
weakness,  we  had  almost  applied  a  harsher  term,  simply  to  cut  out  tho  ironical 
qualification  from  his  text,  to  omit  his  rational  foot-note  entirely,  and  thus,  in  his 
second  edition  (vol.  iii.  p.  58),  to  leave  the  anecdote  standing  naked  and  not 
ashamed,  as  if  he  had  never  doubted  the  fact !  In  this  manner  did  Malcolm 
Laing  deal  with  history. 

3.  The  indefatigable,  the  instructive,  the  amusing  Tytler,  whose  recent  his- 
tory of  Scotland  is  the  best  that  has  appeared,  unfortunately  runs  riot  alto- 
gether upon  the  Logan  letters.  There  is  something  in  the  style  of  those  extra- 
ordinary missives,  the  mysterious  curiosity  of  their  contents,  the  strain  of  wild 
and  savage  romance  that  pervades  them,  which  seems  at  once  to  have  attached 
itself  to  the  quaint  and  imaginative  mind  of  this  agreeable  historian.  He  seizes 
upon  them,  from  among  the  less  inviting  mass  of  Mr  Pitcairn's  illustrations, 
with  a  natural  and  irresistible  gusto.  Ho  incorporates  them  nearly  verbatim, 
into  his  pure  and  refined  text,  with  all  their  antique  honours,  where  they  show 
like  a  mask  of  salvage  men  in  a  courtly  circle.  But  the  indications  of  the 
ancient  "  daynty  cheer,"  in  the  mysterious  recesses  of  Fastcastle,  "  a  fine  hattit 
kit,  with  sugar,  confits,  aud  wine,"  and  that,  too,  in  "  my  awin  house,  where  I 
haue  keipit  my  Lord  Botbwell  in  his  greatest  extremities,  say  tho  king  and  his 


NOTES  TO  BOOK  VII.  285 

counsall  what  they  wald"— the  dark  hints  of  dealing  with  the  eyil  one,  at  the 
distant  seat  of  forbidden  lore  where  Gowrie  is  said  to  have 

"  learnt  the  art  that  none  may  name, 

In  Padua,  far  beyond  the  sea," 

was  too  picturesque  to  forego,  and  too  charming  to  be  doubted.  Accordingly, 
he  pronounces,  not  merely  that  the  Logan  letters  are  authentic,  but  that  their 
authenticity  has  never  been  questioned  !  "  These  letters,"  says  the  carried  his- 
torian, "  explain  themselves  ;  their  import  cannot  be  mistaken  ;  their  authenti- 
city has  never  been  questioned;  they  still  exist ;  and  although  they  do  not  open 
up  all  the  particulars  of  the  intended  attempt,  they  establish  the  reality  of  the 
Gowrie  conspiracy  beyond  the  possibility  of  a  doubt." 

The  authenticity  of  the  Logan  letters  has  been  more  or  less  questioned,  from 
the  first  moment  of  their  production  to  the  present  day.  A  close  examina- 
tion of  the  proceedings  against  Sprot  (wliich  Mr  Tytler  never  touches)  shakes 
our  faith  in  the  Gowrie  conspiracy  to  pieces.  Even  at  the  time,  the  public  and 
intelligent  belief  in  this  treasonable  correspondence  between  the  Earl  of  Gowrie 
and  Restalrig  required  to  be  compelled  by  that  very  equivocal  character  the 
Earl  of  Dunbar,  who  had  got  up  the  whole  affair  for  the  King  and  his  Advocate. 
This  we  learn  from  Sir  Thomas  Hamilton's  own  report  to  James — that  very  letter 
to  which  Dr  Robertson  so  loosely  refers,  as  affording  satisfactory  evidence  of 
the  authenticity  of  the  missives  produced  at  Logan's  trial.  Sir  George  Home, 
created  Earl  of  Dunbar,  was  the  king's  first  favourite  and  minister.  He  would 
have  gone  any  length  to  retain  that  position.  Malcolm  Laing  characterizes  him 
as  "  an  apt  and  devoted  instrument  of  arbitrary  power,  an  obsequious  and  op- 
pressive minister."  Under  the  whole  circumstances  of  the  case,  the  following 
passage  from  the  Lord  Advocate's  letter  will  scarcely  bear  out  the  historian, 
Robertson,  in  the  object  of  his  reference.  It  must  be  kept  in  mind,  that  upon 
that  extraordinary  occurrence,  no  proof  whatever  was  led,  except  the  five  let- 
ters produced,  and  the  record  of  Sprot's  trial ;  that  no  link  of  connection  what- 
ever was  shown  between  those  letters  and  Sprot ;  that  their  authenticity  was 
so  generally  disbelieved,  that  it  was  thought  necessary  to  authenticate  them  by 
a  proof  comparatione  literarum ;  and  that,  upon  that  ex  parte  and  selected  evi- 
dence, which,  besides,  was  merely  negative,  and  therefore  altogether  inconclu- 
sive, the  whole  case  rests.  We  may  here  dispense  with  the  antique  orthography, 
the  original  being  printed  by  Pitcairn  : — 

"  Hearing  that  sundry  of  that  number  (the  Lords  of  the  Articles)  had  precon- 
ceived hard  opinions  of  Restalrig's  process,  the  knowledge  thereof,  which  wrought 
fear  and  mistrust  in  the  minds  of  divers  your  Majesty's  well  affected  subjects, 
did  breed  in  the  Earl  of  Dunbar  such  care  and  fervency  to  remove  these  impedi- 
ments, that,  bending  his  wits  in  more  passionate  manner  nor  (than)  he  uses  to 
express  in  common  and  indifferent  matters,  he  did  travail  so  earnestly  with  the 
noblemen,  and  whole  remanent  Lords  of  Articles,  and  solicited  some  of  the  most 
learned  and  best  experimented  of  your  Majesty's  counsel,  to  furnish  reasons  and 
light,  to  the  clearing  of  the  probation  of  that  most  heinous  treason,  and  gave  to 
myself  so  earnest  charge,  and  furnished  so  pregnant,  judicious,  and  clear  grounds 
to  confirm  the  summons,  and  manifest  the  very  circumstances  thereof  to  the 
world,  that  he  left  no  travail  to  me  but  the  repetition  of  the  substance  of  his  in- 
formation. To  the  which  having  so  nearly  conformed  my  discourse  as  possibly 
I  could,  it  pleased  God  that  the  lords  of  the  articles,  being  happily  prepared  by 
the  deposition  of  divers  honest  men  of  the  ministry,  and  other  famous  witnesses, 
who,  recognoscing  umquhile  (deceased)  Restalrig's  handwriting  in  his  treason- 
able missives  produced  by  me,  with  very  sensible  and  forcible  reasons  of  their 
constant  and  confident  afiirmation,  that  these  missives  were  written  by  him, 
when  the  probation  of  the  summons  was  referred  to  the  lords'  votes,  they  found 
uniformly,  all  in  one  voice,  the  said  summons  to  be  so  clearly  proven,  that  they 
seemed  to  contend  who  should  be  able  most  zealously  to  express  the  satisfaction 


286  NOTES  TO  BOOK  VII. 

of  his  heart,  not  only  by  most  pithy  words,  but  by  tears  of  joy — divers  of  the 
best  rank  confessing,  that  that  whereof  Ihey  doubted  at  their  entry  in  the  house, 
was  now  so  manifest,  that  they  behoved  to  esteem  them  traitors  who  should  any 
longer  refuse  to  declare  their  assured  resolution  of  the  truth  of  that  treason." 

History  may  depend  upon  it,  that  there  is  something  more  at  the  back  of  this 
official  and  courtly  report  than  meets  the  eye.  We  who  are  removed  from  tho 
influence  of  the  passionate  exertions  and  earnest  travail  of  the  Earl  of  Dunbar, 
and  who  know  that  the  inability  (or  perhaps  disinclination)  of  "  the  most  famous 
witnesses"  to  detect  a  forgery,  is  (in  a  question  of  forgery)  no  proper  proof  of 
authenticity — may  be  allowed  to  recur  to,  and  concur  in,  tho  contemporary 
doubts,  without  the  fear  of  being  "  esteemed  traitors."  And  here  the  import- 
ance of  that  circumstance,  which  all  our  best  modern  historians  have  misunder- 
stood, becomes  manifest.  Had  those  five  letters  becu  obtained  from  Sprot,  and 
produced  on  his  trial,  at  least  the  public  prosecutor's  possession  of  them  would 
have  been  accounted  for.  Moreover,  Sprot's  dying  testimony,  quantum  valeat, 
that  they  were  Logan's  letters,  and  not  forgeries,  would  have  been  added  to  the 
mere  negative  proof  of  those  packed  witnesses  whose  evidence,  after  all,  only 
amounted  to  this,  that  tliep  could  not  detect  the  slightest  symptoms  of  forgery  in 
the  handwriting.  But  if  it  be  proved,  as  we  think  we  have  shown  by  the  ori- 
ginal record,  that  those  letters  were  never  exhibited  at  Sprot's  trial,  were  never 
identified  by  him,  were  at  no  time  said  by  the  public  prosecutor  to  have  been 
either  produced  by  Sprot,  or  to  have  been  obtained  from  his  repositories,  their 
unexplained  production  at  Logan's  trial,  their  sudden  resurrection,  as  if  they 
had  been  dug  up  with  the  bones,  casts  the  darkest  fchade  of  suspicion  upon  the 
whole  proceedings.  Produced  at  Sprot's  trial  they  could  not  have  been;  other- 
wise, at  that  time  would  have  occurred  the  verification  of  them.  Obtained  from 
Sprot's  repositories  they  could  not  have  been  ;  otherwise  Sprot  himself  would 
have  confessed  to  them  ;  and  his  verification  of  them  would  have  been  secured  by 
the  public  prosecutor.  Not  attending  to  this  important  fact  has  engendered  the 
theory  that  Sprot  forged  those  letters.  But  Sprot  had  not  been  connected  with 
the  possession  of  the  letters,  by  the  proceedings  on  either  trial.  We  can  find  no 
reason  to  suppose  that  Sprot  forged  letters  the  possession  of  which  were  never 
traced  to  him,  however  falsely  he  may  have  deponed  regarding  Cowrie's  corres- 
pondence with  Logan.  Then,  where  and  when  did  the  king's  advocate  get 
those  letters  ?  He  neither  informs  the  public  nor  the  king  :  but  he  frankly  ad- 
mits how  much  he  was  indebted  to  the  earnest  and  passionate  travail  of  the 
king's  minister  and  minion,  the  earl  of  Dunbar  ;  and  perhaps  he  may  have  been 
indebted  to  him  also  for  the  five  Logan  letters. ' 

Our  author,  Spottiswoode,  is  not  the  only  contemporary  historian  who  has 
recorded  his  own  and  the  public  disbeUef  in  the  Lof/an  letters,  and  in  all  the 
royal  inferences  therefrom.  Calderwood,  whose  narrative  of  the  facts  is  some- 
what loose  and  confused,  may,  however,  be  taken  as  good  evidence  of  the  uni- 
versal feeling  on  the  subject.  Notwithstanding  poor  Sprot's  supposed  attempt 
to  satisfy  the  public  mind  by  his  legerdemain  exploit  while  suspended  by  the 
neck,  the  public  were  not  satisfied.  "  Notwithstanding  of  Sprot's  confessions," 
says  Calderwood,  "  so  many  as  did  not  believe  before  were  never  a  wheate  the 
more  persuaded  ;  partly  because  he  was  a  false  notary,  and  could  counterfeit  so 
finely  men's  hand-writts,  for  which  cause  he  was  worthy  of  death  ;  partly  because 
benefit  was  promised  to  his  wife  and  children  by  the  carl  of  Dunbar,  and  had 
Bufiered  both  death  and  torments  as  a  false  notary.*    The  people  tvondered 

'  There  is  a  general  but  very  loose  impression  abroad,  that  Mr  I'itcairn,  by  discovering 
and  printing  the  letters  that  were  produced  at  Logan's  trial,  has  proval  their  authenticity ! 
He  seems  to  have  been  under  tliat  impression  himself.    He  li.is  only  proved  their  existence. 

2  We  iiuote  from  Calderwood,  as  printed  by  the  Wodrow  Society,  vol.  vi.  p.  780.  A  sentence 
seems  to  have  been  printed  out  of  its  proper  place  here.  Obviously,  however,  tho  meaning  ia, 
that  Sprot  was  a  doomed  man  at  any  rate,  from  having  forged  deeds,  and  that  he  was  bribed 
<as  well  as  tortured),  into  his  confessions  in  regard  to  Logan. 


NOTES  TO  BOOK  VII.  287 

wherefore  Dunbar  should  attend  upon  the  execution  of  such  a  mean  man  ;  and 
surmised,  that  it  was  ouly  to  give  a  sign  token  his  speech  should  be  interrupted, 
and  when  he  was  to  be  cast  over  the  ladder.  Farther,  it  was  unknown  to  any 
man  that  ever  Gowrie  was  acquainted  with  the  laird  of  Restalrig  ;  yea,  such 
was  the  account  men  had  of  Gowrie,- that  they  thought  he  would  not  discredit 
himself  by  contracting  a  familiarity  with  so  dissolute  a  man."  Sprot's  charac- 
ter as  a  falsifier  of  writs  has  naturally  enough  given  rise  to  a  theory,— especially 
with  those  who  argue  under  the  mistaken  idea  that  the  Logan  letters  were  pro- 
duced by  him,  or  found  in  his  repositories,— that  by  his  own  hand  were  those 
extraordinary  missives  created.  A  closer  attention,  however,  to  facts  and  dates 
will,  we  think,  entirely  dissipate  the  notion,  and  cause  the  suspicion  of  that 
mysterious  crime  to  rest  elsevrhere. 

Assuming  the  forgery,  and  that  this  notary  was  the  forger,  two  propositions 
must  be  granted  :  first,  that  he  had  committed  the  forgery  deliberately,  and 
under  circumstances  which  inferred  prolonged  leisure,  security,  and  composure 
of  mind  ;  and,  second,  that  he  had  thus  severely  and  dangerously  taxed  his  time 
and  ingenuity  for  some  specific  purpose.    Nor  do  we  tliink  it  much  less  doubtful, 
from  the  tenor  of  the  letters  themselves,  that  the  specific  purpose  must  have  been 
to  afford  written  evidence  of  a  conspiracy  between  the  Gowrie  family  and  Logan 
of  Restalrig  against  the  king.    Whether  this  supposed  desperate  deception  would 
have  to  be  traced  to  the  secret  and  powerful  inducements  of  others,  or  simply  to 
monomania,  is  not  material  to  the  immediate  inquiry.    Now,  zvhen  was  the  for- 
gery accomplished  ?    Upon  the  10th  of  August  1608,  Sprot,  after  previous  exa- 
minations which  have  not  been  preserved,  and  after  having  suffered  the  extremity 
of  torture,  emitted  that  final  deposition  which  was  turned  into  the  libel  against 
him.    He  thei-e  narrates  generally  what  he  knew,  and  how  he  came  to  know,  of 
the  correspondence  between  Logan  and  Govrrie.    He  professes  to  repeat  from 
memory  some  of  the  substance  of  that  correspondence.    He  admits  that  he  stole 
0716  of  the  letters.    He  admits  that  that  letter  is  secreted  in  his  repositories  at 
Eyemouth.    And  aU  this  he  depones  as  a  dying  man.    By  admitting  so  much, 
and  the  actual  possession  of  one  of  the  letters,  he  was  as  irretrievably  doomed  as 
if  he  had  confessed  to  the  possession  of  all  the  letters.    It  is  not  at  all  impossi- 
ble,— indeed,  all  circumstances  considered,  it  is  more  than  probable,  that  having 
been  led  by  torture,  and  by  some  other  inducements  behind  the  scenes,  to  tell  a 
false  story,  and  to  invent  the  scrap  of  a  letter,  he  had,  when  pressed,  also  falsely 
said  that  it  existed  in  his  repositories.    But  this  certainly  may  be  deemed  im- 
possible, that  supposing  him  to  have  actually  forged  for  the  specific  purpose  those 
five  Logan  letters,  he  would  now  have  only  used  them  to  the  extent  of  a  general 
and  very  imperfect  narrative,  and  the  admission  of  one  only  of  a  set  of  forgeries 
which  he  had  so  painfully  fabricated  for  the  very  purpose  of  this  disclosure. 
The  conclusion  is  inevitable.    Upon  the  10th  of  August  1608,  Sprot  knew  no- 
thing whatever  about  these  supposed  forgeries.    Then,  had  he  forged  them  sub- 
sequent to  that  date  ?    Had  the  earl  of  Dunbar  (a  man  perfectly  capable  of  the 
act),  induced  his  wretched  victim,  by  false  hopes  and  promises,  to  afford  him  the 
benefit  of  his  expert  hand,  by  concocting  those  fearful  letters  after  his  examina- 
tion on  the  10th  of  August  ?    Again  we  say,  imposiii/e.    Upon  the  11th  of  August 
Sprot  was  made  to  adhere  to  his  confession  of  the  day  before  ;  upon  the  forenoon 
of  the  r2th  he  was  convicted  in  terms  of  that  confession  ;  and  he  was  hanged  in 
the  afternoon  of  the  same  day.    If  he  was  unconscious  of  those  elaborate  for- 
geries upon  the  lOlh  of  August,  as  his  ovni  confession  we  think  demonstrates, 
then  the  Logan  letters  were  not  forged  by  Sprot ;  and  those  letters,  whether 
authentic  or  forgeries,  were  never  in  Sprot's  possession.    This  state  of  matters 
is  not  only  proved  by  the  dying  confession  of  Sprot,  but  by  the  Lord  Advocate's 
indictment  against  him.    The  pubhc  prosecutor  there  distinctly  indicates  that 
at  that  time  he  knew  of  no  such  missives  in  Sprot's  possession.    This  he  does  by 
explicitly  restricting  his  charge,  as  regards  that  particular,  to  Sprot's  surrep- 
titious possession  of  a  single  letter,  in  terms  of  his  own  confession. 


288  NOTES  TO  BOOK  VII. 

The  wretched  notary  of  Eyemouth  having  served  the  purpose  of  Government, 
and  being  hanged,  drawn,  and  quartered  (for  an  alleged  offence  in  its  own  na- 
ture scarcely  tangible),  out  of  the  way,  the  farce  was  resumed  in  the  following 
year  with  less  of  cruelty,  but  even  more  of  absurdity.  The  public  prosecutor, 
"  Tam  of  the  Cowgate,"  (as  the  first  Lord  Haddington  was  called),  appears 
armed  with/i-e  treasonable  letters  from  Logan  of  Restalrig  to  the  earl  of  Gowrie. 
He  calls  into  court  the  mouldering  bones  of  the  dead  and  buried  laird,  and  pro- 
ceeds to  prove  that  this  treason  %vas  committed  by  him.  The  obvious  and  only 
satisfactory  mode  of  doing  so  would  have  been,  to  trace  the  possession  of  those 
letters  home  to  such  a  quarter  as  would  necessarily  or  naturally  infer  the  reality 
of  the  alleged  correspondence.  They  might  have  been  found  in  the  repositories 
of  the  Gowrie  family ;  or,  as  returned  letters,  in  Logan's  repositories  ;  or  in  that 
of  his  alleged  confidential  messenger,  "  laird  Bour."  Surely  the  Lord  Advocate 
knew  something  of  their  history.  He  must  at  least  have  known  how,  and  from 
whence  they  came  into  his  own  possession.  The  fact  was  every  thing  to  the 
case.  It  was  every  thing  to  the  doubting  and  bewildered  public,  who  could  not 
fathom  these  strange  proceedings.  It  was  every  thing  to  the  Lords  of  Articles, 
the  judges  in  the  case,  who  were  shaking  their  heads,  and  putting  their  tongues 
in  their  cheeks  on  the  very  day  of  trial.  But  Tam  of  the  Cowgate  was  as  silent 
as  the  bones  of  the  accused  on  that  essential  point  of  the  case.  He  does  not 
pretend  to  trace  the  history,  or  the  acquisition  of  those  letters.  He  does  not 
drop  a  hint  even  that  they  were  discovered  in  the  repositories  of  Sprot.  The 
latest  confession  of  that  victim,  and  the  Advocate's  own  indictment  against  him, 
placed  such  an  allegation  out  of  the  question.  The  Earl  of  Dunbar  having 
primed  him  to  meet  the  universal  cry  of  forgery,  he  calls  witness  after  witness, — 
all  selected  by  the  excited  and  travaiVrng  Earl, — to  prove  what  ?  That  they  were 
intimately  acquainted  with  Logan's  handwriting,  and  could  discover  no  appear- 
ance of  forgery  !  And  this,  without  an  attempt  to  trace  the  past  possession,  or 
to  account  for  the  present  possession,  of  those  strange  missives,  was  the  Lord 
Advocate's  case  for  King  James,  and  for  his  prime-minister,  the  Earl  of  Dunbar. 
And  such  is  the  evidence  for  their  authenticity,  by  which,  although  it  imposed 
not  upon  the  public  mind  at  the  time,  our  modern  historians  have  suffered  them- 
selves to  be  misled  ! 

These  considerations,  which  can  only  be  imperfectly  developed  within  the  com- 
pass of  an  illustrative  note,  naturally  suggest  the  question,  what  was  the  meaning 
of  all  this  iniquitous  mystery  ?  The  conduct  of  the  case  for  the  crown  no  doubt 
inevitably  leads  to  the  only  rational  conclusion,  that  the  public  prosecutor 
could  not  honestly  account  for  those  productions.  But  cui  bono  the  dishonesty  ? 
The  Gowrie  family  was  destroyed.  King  James  was  upon  the  throne  of  England. 
If  a  little  more  white vrashing,  wth  regard  to  the  Gowrie  conspiracy,  seemed 
to  be  necessary,  that  purpose  was  effected,  as  well  as  it  could  be,  by  the  confes- 
sions of  the  immolated  notary.  Why  was  the  crazy  credit  of  the  Government 
of  Scotland,  and  of  its  king,  to  be  again  perilled  in  a  prosecution  which  possessed 
no  feature  of  legality,  and  which  bore  on  the  very  face  of  it  evidence  of  the  most 
audacious  corruption  of  public  justice  ?  And  taking  the  two  trials  together,  as  one 
scheme  of  tyrannical  intrigue  on  the  part  of  certain  powerful  and  unprincipled 
courtiers,  how  came  it  that  Loyan  of  Heslalriy,  who  by  this  time  had  gone  to 
where  the  wicked  cease  from  troubling,  was  selected  as  the  pretended  conspira- 
tor, in  concert  with  the  princely  and  exclusive  carl  of  Gowrie,— a  theory  which 
instantly  provoked  the  public  scepticism  ?  The  limits  of  this  note  will  not  permit 
us  to  follow  out  the  curious  inquiry  with  that  closeness  and  precision  which  it 
requires  and  deserves.  But,  before  leaving  the  subject,  attention  may  be  drawn 
to  certain  facts,  not  hitherto  observed,  which  will  readily  suggest  a  new  theory, 
and  may  serve  as  a  guide  to  future  investigators  of  these  dark  and  perplexing 
transactions. 

It  is  pointedly  stated  by  Calderwood,  that  the  case  in  which  Sprot  figured  so 
wofuUy  was  most  zealously  got  up  by  two  great  functionaries,— James   lord 


NOTES  TO  BOOK  VII.  289 

Balmerinoch,  who  was  then  Secretary  of  State  for  Scotland  and  Lord  President ; 
and  George  earl  of  Dunbar,  Prime  Minister,  (Hist.  p.  779).  That  the  last  named 
was  active,  in  the  forfeiture  of  Logan  of  Restalrig,  to  a  degree  of  excitement 
which  he  rarely  displayed  upon  other  occasions,  we  have  on  the  authority  of  the 
Lord  Advocate's  letter  to  King  James.  Now  the  coincidence  is  not  a  little  re- 
markable, that  both  of  these  worthies  had  engaged  in  money  transactions  to  a 
great  extent  with  Logan,  and  were  deeply  indebted  to  his  estate.  From  the 
record  of  the  Great  Seal,  it  appears,  that  in  the  year  1605,  Logan's  estate  of 
Restalrig  had  passed  into  the  hands  of  Balmerinoch  by  purchase.  But  the  price 
had  not  been  paid;  and  when  the  laird  of  Restalrig  died,  the  Secretary  was  in 
his  debt  no  less  than  eighteen  thousand  marks,  a  large  sum  in  those  days.  This 
is  proved  by  the  register  of  confirmed  testaments,  where  Logan's  is  recorded  ; 
and  by  the  same  it  appears  that  the  Earl  of  Dunbar  was  also  Logan's  debtor  to 
the  amount  oi  fifteen  thousand  marks.  To  that  most  accurate  and  obliging 
antiquary,  Mr  David  Laing,  I  am  indebted  for  an  exact  transcript  of  the  con- 
firmed testament  of  Logan  of  Restalrig,  who  died  in  the  month  of  July  1606. 
The  confirmation  is  dated  ultimo  Jamiarij  1607,  not  long  before  the  commence- 
ment of  the  process  against  the  notary  Sprot.  Among  the  items  of  the  debts  due 
to  the  deceased  occur  the  following  : 

"  Item,  There  was  awin  to  the  said  umquhill  Robert  Logane  of  Restalrig,  be 
my  Lord  of  Balmerinoh,  the  sowme  of  auchteene  thousand  markes.  Item,  Be  the 
Erie  of  Dunbar,  the  sowme  of  fyftene  thousand  markis." 

Lord  Balmerinoch,  as  is  well  known,  became  involved  in  the  charge  of  having 
falsified  the  king's  name  in  a  transaction  with  the  Pope,  about  the  very  time  of 
the  trial  of  Logan's  bones  ;  and  the  result  of  Balmerinoch's  trial  (also  suspected 
of  being  collusive)  rendered  his  benefiting  by  the  Sproto-Logan  imposition  out  of 
the  question.  All  these  matters  were  entirely  ruled  by  the  intriguing  Earl  of 
Dunbar  ;  and  why  that  worthy  was  so  earnest  in  the  forfeiture  of  Logan's 
estate  is  pretty  distinctly  indicated  by  the  following  extracts  from  the  Register 
of  the  Privy  Seal,  for  which  I  am  also  indebted  to  Mr  Laing. 

"  Ane  letter  maid  to  his  Hienes  richt  trustie  Consigue  and  werie  familiar 
Counsallour,  George  Earle  of  Dumbar,  of  the  gift  of  the  eschcit  and  forfaultour 
of  the  sowme  of  fyftene  thousand  markis  Scotis  money,  restand  unpayit  be  him 
to  umquhill  Robert  Logane  of  Restalrig,  for  compleiting  the  sowme  of  threttie 
aucht  thousand  markis  of  usuall  monie  of  our  said  Realme,  promitit  and  con- 
ditionit  for  the  lands  of  Flemyngtoun,  with  the  pertinents,  sauld  and  disponit  be 
the  said  umquhill  Robert  Logane  of  Restalrig  to  our  said  richt  traist  Consigne 
his  airis  and  assignais,  heritablie  and  irredimablie,  accv  jg  to  the  contract  of 
alienatioun  maid  betwixt  thame  thairanent,  registrait  in  the  buikis  of  Counsall  ; 
quharof  the  said  Erie  payit  to  the  said  umquhill  Robert  befoir  his  deceis,  at 
divers  times,  great  sowmes  of  money,  extending  to  the  sowme  of  twentie  thrie 
thousand  markis  ;  and  sue  restis  the  remanent  thairof  yet  unpayit,  extending  to 
the  sowme  above  mentionit  ;  and  that  in  default  of  the  said  Robert  Logane,  for 
not  delyverance  to  the  said  Erie  of  the  auld  evidentis  concerning  the  saidis  landis 
of  Flemyngtoun,  and  not  fulfilling  of  certain  utheris  substantial!  heidis  and  con- 
ditions for  the  said  Robert  his  pairt,"  &c. 

"  Lykeas  his  Majestie  quytclames  and  simpliciter  dischargeis  the  said 
George  Erie  of  Dumbar  of  the  particular  debt  and  sowmes  quhilk  wes  unpayit  to 
the  said  umquhill  Robert  Logane,"  &c. 

"  At  Andover  the  22d  day  of  August  1609.    Per  signaturam." 

At  the  same  time  appears  another  grant  to  Alexander  Home  of  Ronton,  the 
Earl  of  Dunbar's  cousin-germaii,  "  Of  the  gift  of  the  escheit  and  forfaultour  of 
quhatsumever  takis  and  assedatiouns,  lang  or  schort,  of  all  and  sindrie  the  teynd 
scheavis  and  utheris  teyndis,  both  personage  and  vicarage,  and  ather  of  thame  of 
the  parochim  and  paroche  kirk  of  Horden,  lying  within  the  Sherifi'dom  of  Ber- 
wick, quhilk  pertenit  of  befoir  to  umqidiill  Robert  Logane  of  Restalrig,  and  now 
VOL.  III.  19 


290  NOTIiS  TO  BOOK  VII, 

perteining  to  our  Soverano  Lord,  throw  tho  proces  and  dome  of  forfaultonr 
ordourlie  led  and  deduceit  agaiiis  the  said  umquhill  Robert,"  &c.—{Registrum 
Secreti  Sigilli,  LXXVIII.  1{J09-100 

Since  the  above  note  was  prepared  for  the  press,  there  has  fallen  under  the 
editor's  observation  a  pamphlet  upon  the  subject  of  the  Gowrie  conspiracy,  pub- 
lished in  1849,  by  the  accomplished  novelist,  G.  P.  R.  James,  Esq.  Much 
acuteness  and  some  research  are  displayed  in  this  performance  ;  and  the  author 
arrives  at  a  conclusion  adverse  to  all  ideas  of  tho  truth  of  tho  Gowrie  conspiracy 
— a  subject  upon  which  we  have  not  attempted  to  enter  in  this  note.  The  new 
views,  however,  which  we  hope  to  have  cast  upon  the  actual  state  of  the  strange 
criminal  processes  against  Sprot  and  Logan,  instituted  by  the  Earl  of  Dunbar 
for  the  king,  many  years  afterwards,  will  show  that  those  proceedings  tend  to 
discredit,  and  not,  as  generally  supposed,  to  support  the  truth  of  the  Gowrie  con- 
spiracy. Mr  James,  of  course,  has  noticed  tho  trial  of  Sprot,  and  commented 
upon  the  treasonable  letters  alluded  to  in  that  process.  But  he,  too,  appears 
to  have  been  misled  into  tho  erroneous  idea,  that  Sprot  was  in  possession  of 
"  a  set "  of  those  letters,  and  not  of  one  letter  merely ;  for  he  says  (p.  72)  "  Sprot 
abstracted  and  kept  the  same  letter  [that  to  which  he  confesses],  and  apparently 
others  ";  and  he  comes  to  the  conclusion,  "  that  one  set  of  letters,  [Sprot's],  o^ 
the  other  [those  produced  at  Logan's  trial],  or  both,  were  manufactured."  But 
Sprot  never  confessed  to  more  than  thepossession  of  one  letter  (it  would  have  been 
no  worse  for  his  case  had  it  been  fifty) ;  and,  as  Archbishop  Spottiswoode  says, 
that  one  was  never  shown.  And  here  we  must  come  into  collision  with  Mr 
James  upon  the  subject  of  that  very  paragraph  in  Spottiswoode's  history  wliich 
has  given  rise  to  this  note.  Ho  founds  upon  tho  contemporary  historian's  scep- 
ticism, and  then  (p.  81)  gives  the  passage  thus  : — 

"  Whether  or  not  I  should  mention  the  arraignment  and  execution  of  George 
Sprot,  notary  in  Eyemouth,  I  am  doubtful.  His  story  seemed  a  very  fiction, 
and  to  be  a  mere  invention  of  the  man's  own  brain  ;  for  neither  did  he  show  tho 
letter  ivhich  he  said  was  tvritten  by  the  Earl  of  Gowrie,  nor  could  any  man  think 
that  Gowrie,  who  went  about  that  treason  so  secretly,  would  have  communicated 
the  matter  with  such  a  man  as  Restalrig  was  known  to  bo." 

We  know  not  where  the  historical  novelist  has  got  that  version  of  Spottis- 
woode containing  the  sentence  which  we  have  printed  above  in  italics.  It 
seems  to  be  an  interpolated  sentence — of  course  not  by  Mr  James,  who  is  omni 
suspicione  major;  and,  moreover,  the  vicious  text  is  against  his  own  argu- 
ment. But  Spottiswoode  never  could  have  written  that  sentence,  as  it  is  quite  at 
variance  with  the  rest  of  the  paragraph.  This,  however,  does  not  appear  distinctly 
in  Mr  James's  version,  because,  besides  tho  interpolation,  something  has  been 
omitted.    We  must  here  repeat  the  whole  paragraph  as  the  historian  wrote  it : 

"  Whether  or  not  I  should  mention  the  arraignment  and  execution  of  George 
Sprot,  notary  in  Eyemouth,  who  sufiered  at  Edinburgh  in  the  August  pre- 
ceding, 1  am  doubtful ;  his  confession,  though  voluntary  and  constant,  carrying 
small  probability.  This  man  had  deponed,  '  That  he  knew  Robert  Logan  of 
Restalrig,  who  was  dead  two  years  before,  to  have  been  privy  to  Gowrie's  con- 
spiracy, and  that  he  understood  so  much  by  a  letter  that  fell  in  his  hand,  written 
by  Restalrig  to  Gowrie,  bearing,  that  he  would  take  part  \vith  him  in  tho  revenge 
of  his  father's  death,  and  that  his  best  course  should  be  to  bring  the  king  by  sea 
to  Fast  Castle,  where  he  might  be  safely  kept  till  advertisement  came  from  those 
with  whom  the  earl  kept  intelligence.'  It  seemed  a  very  fiction,  and  to  be  a 
mere  conceit  of  the  man's  own  brain  ;  for  neither  did  he  show  the  letter,  nor 
could  any  wise  man  think  that  Gowrie,  who  went  about  that  treason  so  secretly, 
would  have  communicated  tho  matter  with  such  a  man  as  this  Restalrig  was 
known  to  be."— (See  supra,  p.  200.) 

The  sentence  which  Mr  James's  version  omits,  distinctly  proves  that  the  pas- 
sage interpolated  could  not  have  been  written  by  Spottiswoode.    It  is  only  of 


NOTES  TO  BOOK  VII.  291 

the  letter  "  by  Restalrig  to  Gowrie  "  that  he  speaks  ;  and  there  is  no  reference 
whatever  in  the  whole  paragraph  to  the  letter  from  Gowrie  to  Restalrig.  More- 
over, he  could  not  have  meant  to  complain  that  this  last  letter  was  not  shown, 
for  Sprot  himself  only  confessed  to  the  possession  of  the  former  letter  ;  and  the 
historian  could  not  be  so  unreasonable  as  to  expect  that  Sprot  should  "  show 
the  letter  "  which  he  did  not  pretend  to  possess. 

We  know  not  how  Spottiswoode's  text  has  come  to  be  thus  seriously  blundered 
in  a  disquisition  so  elaborate  as  Mr  James's  ;  but  we  exonerate  that  gentleman 
from  any  intention  whatever  to  misquote  our  author.— E,] 


NOTE  II.— P.  214. 

CONTRACT  AGAINST  THE  BROKEN  MEN  OF  THE  HIGHLANDS. 

[A  cuEious  illustration  of  the  state  of  the  Highlands,  to  which  our  author  here 
refers,  and  of  the  feeling  against  the  "  heilland  broken  men,"  will  be  found  in  the 
following  contract  of  mutual  defence,  the  original  of  which  is  among  Lord  Napier's 
archives.  The  great  Napier,  whose  signature  is  attached,  besides  the  rich  barony 
of  MerchistoD,  possessed  one-fourth  of  the  Levenas,  or  Lennox,  by  inheritance 
from  his  ancestress,  Elizabeth  Menteith,  co-heiress  of  Lennox  and  Rusky : 

"  At  Edinburgh,  the  24  day  of  December,  the  year  of  God  1611,  it  is  apoyntit, 
agreeit,  and  finallie  contractit,  betwixt  Johnne  Napier  of  Merchiston  on  the  ane 
pairt,  and  James  Campbell  of  Laweris,  Coline  Campbell  of  Aberurquhill,  and 
Johnne  Campbell  their  brother-germane,  on  the  uther  pairt,  in  manner,  forme, 
and  effect  as  eftir  followis  ;  to  wit,  forsamekill  as  baith  the  saids  parteis  respect- 
ing and  considdering  the  mutuall  amitie,  friendship,  and  guidwill  quhilk  hes 
been  thir  divers  yeiris  bygane  betwixt  the  Lairds  of  Merchiston  and  Laweris 
and  their  houssis,  and  willing  that  the  lyk  kyudness,  amitie,  and  frendship,  sail 
still  continew  betwixt  thame  in  tyme  coming  ;  thairfoir,  the  saidis  James  Camp- 
bell of  Laweris,  Coline  and  Johnne  Campbellis  thair  breither,  faithfully  pro- 
mittis,  that  in  case  it  sail  happin  the  said  Johnne  Napier  of  Merchistoun,  or  his 
tennentis  of  the  landis  within  Menteith  and  Lennox,  to  be  trublit  or  oppressit 
in  the  possessioun  of  thair  said  landis,  or  their  guidis  and  geir,  violentlie  or  be 
stouth  of  the  name  of  M'Grigour,  or  ony  utheris  heilland  broken  men  ;  in  that 
case,  the  said  James,  Coline,  and  Johnne  Campbellis  to  use  thair  exact  dilligence 
in  causing  searsch  and  try  the  committaris  and  dears  of  the  said  crymes  ;  and, 
on  the  uther  pairt,  the  said  John  Napeir  of  Merchistoune  promittis  and  oblissis 
liim  and  his  airis  to  fortifie  and  assist  with  the  saidis  James,  Coline,  and 
Johnne  Campbellis,  in  all  their  leisum  and  honest  effairis,  as  occasioun  sail  offer; 
and  herit  baith  the  said  parteis  faithfullio  promittis,  binds,  and  oblissis  thame, 
hinc  bide,  to  utheris.  In  witnes  of  the  quhilk  thing  (-written  be  George  Ban- 
erman,  servitor  to  Antone  Quhite,  writer  in  Edinburgh),  baith  the  said  pairties 
have  subscryvit  this  presentis  with  thair  hands,  day,  yeir,  and  place  foirsaid, 
befoir  thir  witnesses  ;  Johnne  Napier,  sonne  lauchful  to  the  said  Laird  of  Mer- 
chistoun ;  Alexander  Menteith,  his  servitour ;  William  Campbell,  sone  naturrell 
to  the  said  Laird  of  Laweris  ;  and  the  said  George  Bannerman. 

James  Campbell  of  Laweris. 
Jhone  Nepair  of  Merchistoun. 
JnoNE  Campbell  of  Ardewiiane. 
CoLEiNE  Campbell  of  Aberurquhill.— 'E.'\ 


INDEX. 


Abbeys,  or  Monasteries,  founded,  i. 
70,  71  ;  observations  on  the  objects 
and  utility  of,  ib. 

Abbot,  George,  Archbishop  of  Canter- 
bury, absolves  the  Marquis  of  Huntly 
from  excommunication,  iii.  23'2  ; 
complaint  against  for  this  act,  ib.  ; 
defended  by  James  VI.,  iii.  232,  233  ; 
letter  of,  to  Archbishop  Spottiswoode 
in  explanation  of  his  conduct,  iii.  233, 
234, 235. 

Abel,  Arch-Dean  of  St  Andrews,  elect- 
ed Bishop  of  St  Andrews,  i.  88 ;  conse- 
crated at  Rome  by  Pope  Innocent  IV. 
i.  89  ;  death  of,  ib. ;  character  of,  ib. 

Aberdeen,  Bishops  of,  i.  199-210,  235- 
239. 

Diocese  of,  i.  59. 

King's    College    and  University 

founded,  i.  207. 

General  Assembly  at,  iii.  235. 

Abernethy,    the   burial  place    of  the 

Scottish  St  Bridget  or  St  Bride,  i. 
22 ;  the  alleged  capital  of  the  Pictish 
kingdom,  i.  46. 

Achaius,  King  of  Scotland,  and  Char- 
lemagne, King  of  France,  alleged 
league  of,  i.  41. 

Adam,  Bishop  of  Caithness,  i.  85. 

Adamnanus,  Bishop,  account  of,  i.  35, 36. 

Adamson,  Patrick,  titular  Archbishop 
of  St  Andrews,  opposition  of  the 
Presbyterians  to,  ii.  202,  337  ;  death 
and  character  of,  ii.  415. 

Adrian,  first  Bishop  of  St  Andrews, 
killed,  i.  51. 

Aidanus,  Bishop,  converts  the  Saxons, 
i.  27,  28  ;  death  of,  i.  28. 

Aidanus,  King  of  Scotland,  i.  17,  18  ; 
crowned  by  St  Columba,  i.  18  ;  vic- 
tory over  Brudeus,  King  of  the  Picts, 
i.  19;  death  of,  i.  19,21. 

Albany,  Robert  Stuart,  first  Duke  of, 
Regent,  conduct  of,  i.  122,  123. 

Alcuinus,  celebrity  of,  i.  42,  43. 

Alexander  I.,  Iving  of  Scotland,  letter 
of,  to  Radolph,  Archbishop  of  Canter- 
bury, to  send  a  successor  to  Turgot, 
Bishop  of  St  Andrews,  i.  65. 

complains  of  the  Archbishop  of 

York,  ib. 


Alexander  I.,  founds  Scone  and  Inch- 
colm  Abbeys,  i.  C8. 

benefactions  of,  ib. 

Alexander  II.,  accession  of,  i.  84;  coro- 
nation of,  ib.  ;  protects  the  Church 
of  Scotland  against  the  demands  of 
Rome,  ib.  ;  death  of,  i.  88  ;  interred 
at  Melrose,  ib. ;  inscription  on  his 
tomb,  ib. 

Alexander  III.,  accession  of,  i.  88; 
death  of,  i.  94  ;  death  of  all  the  chil- 
dren of,  ib. 

Alexius,  Sub-Dean  of  the  Roman  See, 
arrival  of,  i.  79. 

Alpin,  King,  killed,  i.  45. 

Alwinus,  Bishop  of  St  Andrews,  i.  54. 

Amphibalus,  first  Bishop  at  lona,  i.  6. 

Andrew,  St.  the  Apostle,  relics  of, 
brought  to  Scotland,  i.  8,  9  ;  mira- 
culous appearance  of,  i.  44, 45. 

Andi-ews,  St.  constituted  the  seat  of 
the  chief  Bishop  of  Scotland,  i.  46. 

Bishops  of,  i.  51-193  ;  i.  227-230. 

Diocese  of,  limits  of,  i.  59. 

Bishops  of,  consecrated  at  York, 

i.  65. 

Priory  of,  founded,  i.  71. 

constituted  a  royal  burgh,  ib. 

Cathedral,  founded,  i.  72,  73. 

Cathedi-al,  destroyed,  i.  276. 

murder  of  Cardinal  Beaton  in  the 

Castle  of,  i.  164,  165. 

Archbishopric,  constituted  by  Pope 

SixtusIV.,  i.  116;  opposition  to  the 
primacy  of,  ib. 

contests  for  the  Archbishopric  of, 

i.  122,  123. 

Castle,  siege  of,  i.  166,  173  ;  sur- 
render of,  i.  174. 

University  of,  founded,  i.  112, 113; 

first  Professors  in,  ib. 

New  College,  or  St  Mary's  Col- 
lege, founded  by  Archbishop  James 
Beaton,  i.  134. 

state  of  the  University  of,  iii.  66, 

67  ;  resolutions  concerning  the  Uni- 
versity of,  ib. 

dissensions  in  the  Presbytery  of, 

in  the  case  of  Leuchars  parish,  ii.  416, 
417. 

Andrewes,  Dr  Lancelot,  successively 


294 


INDEX. 


Bishop  of  Chichester,  El)',  and  Win- 
chester, preaches  at  the  opening  of 
tho  Hampton  Court  Conference,  iii. 
177  ;  opinion  of,  on  tlie  ordination  of 
presbyters  witliout  bishops,  iii.  '209. 

Angelramus,  or  Ingelramus,  Bishop  of 
Glasgow,  i.  73. 

Angus.  Archibald  Douglas,  eighth  Earl 
of,  death  and  character  of,  ii.  389, 
390. 

Angus,  William  Douglas,  tenth  Earl  of, 
escape  of,  ii.  423  ;  •submits  to  the 
Church,  iii.  Gi  ;  retires  to  France,  iii. 
208  ;  death  of,  ib. 

Anne  of  Denmark,  Qneen  of  James  VI., 
coronation  of,  ii.  408. 

state  entrance  of,  into  Edinburgh, 

ii.  408  ;  death  of,  iii.  258. 

Arbnthnot,  Alexander,  Principal  of 
King's  College,  Aberdeen,  death  of, 
ii.  ;U!)  ;  account  of,  ib. 

Archbishops  of  St  Andrews  and  Glas- 
gow, rules  for  the  residence  and  visi- 
tations of,  iii.  210.    See  Bishops. 

Argv  11,  foundation  of  the  Diocese  of,  i. 
194. 

Bishops  of,  i.  225,  226,  258,  259. 

Argyll,  Archibald  Campbell,  seventh 
Earl  of,  appointed  Lieutenant  of  The 
Isles  for  six  months,  iii.  192  ;  autho- 
rized to  extirpate  the  Clan  Gregory 
or  Macgregor,  iii.  213,214  ;  becomes 
a  Roman  Catholic,  iii.  257  ;  exiled, 
ib. ;  suspected  of  a  design  to  disturb 
the  country,  ib. ;  allowed  to  return  to 
England,  ib. 

Armstrong,  William,  called  Kinmonth 
Willie,  seized  by  the  English,  and  im- 
prisoned in  Carlisle  Castle,  iii.  1,  2  ; 
rescue  of,  by  Scott  of  Buccleuch,  iii. 
2,  3,  4. 

Arnold,  Abbot  of  Kelso,  Bishop  of  St 
Andrews,  i.  72. 

Arran,  James  Hamilton,  second  Earl 
of,  appointed  Regent,  i.  141  ;  de- 
nounced by  the  clergy  .as  a  favourer  of 
heretics,  i.  143;  resigns  the  regency,  i. 
182.    Sec  Chatelhcrault  (Duke  of). 

Arran,  James  Hamilton,  third  Earl  of, 
eldest  son  of  the  Duke  of  Chatelhcr- 
ault, disorderly  conduct  of,  i.  323  ; 
opposes  the  Roman  Catholic  service, 
ii.  7  ;  rumoured  violence  intended  by, 
to  Queen  Mary,  ii.  1 5  ;  informs  Queen 
Mary  of  a  design  to  murder  the  Earl 
of  Moray,  ii.  1 7  ;  examined  before  the 
Privy  Council,  ib.;  supposed  insanity 
of,  ib. 

Arran,  title  of  Qarl  of,  restored  to  the 
right  possessor,  ii.  334. 

Arran,  Earl  of.  ^o  Stewart  (Captain 
James.)  "^ 

Articles,  tho  Five,  sanctioned  in  the 
General  Assembly  at  Perth,  iii.  255, 
256,  257.' 
Ascension  Day,  Festival  of,  enjoined  to 

be  observed,  iii.  257. 
Assembly,  General,  at  Linlithgow,  iii. 
183  ;  proceedings  of,  iii.  184-187. 


Assembly,  how  to  be  convened,  and  the 
constituent  members  of,  iii.  211. 

at  Glasgow  in  1609,  acts  of,  rati- 
fied by  the  Parliament,  iii.  217,  218. 

at  Aberdeen,  resolutions  of,  iii. 

235, 236,  237  ;  opposition  of  the  min- 
isters to  the  resolutions  of,  iii.  241- 
245. 

at  Perth,  iii.  252  ;  commissioners 

to,  ib. ;  letter  from  James  VI.  to,  iii. 
252,  253,  254  ;  the  Five  Articles  en- 
acted in,  iii.  255,  25G,  257  ;  ratifica- 
tion of  in  Parliament,  iii.  261. 

Athelstane,  an  alleged  King  of  the  West 
Saxons,  or  of  Northumberland,  de- 
feated and  killed,  i.  44,  45. 

AthoU,  John  Stewart,  fourth  Earl  of, 
deatli  of,  ii.  263  ;  said  to  have  been 
poisoned  by  the  Earl  of  Morton,  ib. 

Augustine,  arrival  of,  in  Britain,  i.  22  ; 
sent  by  Gregory  VII.  to  convert  the 
English  Saxons,  ib. ;  converts  King 
Ethelbert,  ib. ;  demands  to  be  recog- 
nised as  the  only  Archbishop  of 
Britain,  ib. ;  labours  of,  i.  22,  23  ; 
troubles  caused  by,  and  death  of,  i. 
22, 23. 

Babington,  Anthony,  a  Roman  Catho- 
lic gentleman,  conspiracy  of,in  favour 
of  Queen  Mary  against  Queen  Eliza- 
beth, ii.  349. 

Bagimont's  Roll,  notice  of  the  list  of 
Scottish  benefices  enumerated  to  pay 
taxes  in,  i.  93. 

Balcanqual,  Walter,  one  of  the  min- 
isters of  Edinburgh,  preaches  against 
the  Duke  of  Lennox,  ii.  284  ;  defends 
himself,  ib. ;  flight  to  England,  ii. 
31.5. 

Baldred,  St.  of  the  Bass,  known  as  the 
Apostle  of  East  Lothian  or  Hadding- 
tonshire, account  of,  1.  21. 

Balfour,  Sir  James,  one  of  the  mur- 
derers of  Henry  Lord  Darnley,  ap- 
pointed keeper  of  Edinburgh  Castlo 
by  the  Earl  of  Bothwell,  ii.  49. 

Balfour,  Sir  Michael,  first  Lord  Bal- 
four of  Burleigh.    See  Burleigh. 

Baliol,  John,  King  of  Scotland,  coro- 
nation of,  i.  97;  opposes  Edward  I. 
of  iMigland,  i.  98  ;  compelled  to  sub- 
mit, ib. 

Balmerino,  James  Elphincstone,  first 
Lord,  arrested  on  a  charge  of  high 
treason,  and  sent  to  Scotland,  iii.  197, 
i;»8, 199;  trial  of,  iii.  202,  203,  204  ; 
conviction  of,  iii.  204  ;  sentenced  to 
be  executed, ib.;  remission, ib.;  death 
of,  ib. ;  character  of,  iii.  205.  See 
Elphincstone  (.Sir  James). 

Balnaves,  Henry,  of  Hallhill,  i.  144, 
167. 

Baneho,  or  Banquo,  murder  of,  i.  57, 
58. 

Bancroft,  Dr  Richard,  Archbishop  of 
Cantcrbury,opiuion  of,  on  the  ordina- 
tion of  presbyters  without  bishops, 
iii.  209. 


INDEX. 


295 


Bane,  James,  elected  Bishop  of  St  An- 
drews, i.  109. 

Baptism  of  James  VI.  in  Stirling  Cas- 
tle, account  of  the,  ii.  41,  42. 

Baptism,  Sacrament  of,  regulations  for 
the  administration  of,  in  public  and 
private,  iii.  255,  256. 

Barlow,  Dr  William,  successively 
Bishop  of  Rochester  and  Lincoln, 
preaches  at  the  opening  of  the  Hamp- 
ton Court  Conference,  iii.  177. 

Beaton,  Cardinal  David,  Archbishop  of 
St  Andrews,  history  of,  i.  134-10"5  ; 
assassinated  in  the  Castle  of  St  An- 
drews, i.  164,  165  ;  murderers  of,  i. 
163. 

Beaton,  James,  Archbishop  of  Glasgow, 
elected  Archbishop  of  St  Andrews,  i. 
123  ;  death  of,  i.  134  ;  founder  of  St 
Mary's  or  the  New  College,  St  An- 
drews, i.  1 34. 

Beaton,  James,  Archbishop  of  Glasgow, 
death  of,  iii.  139  ;  account  of,  iii.  139, 
140. 

Bedford,  Francis  Russell,  second  Earl 
of,  arrives  in  France  from  Queen 
Elizabeth,  ii.  1. 

Bellarmine,  Cardinal,  controversy  of, 
with  James  VI.,  iii.  197.  See  Bal- 
meriuo  (Lord)  or  Elphinestone  (Sir 
James). 

Benedict  XIII.,  Pope,  obedience  of 
Scotland  to,  i.  111. 

Benham,  David,  elected  Bishop  of  St 
Andrews,  i.  87. 

Binning,  Sir  Thomas  Hamilton,  first 
Lord,  afterwards  Earl  of  Melrose 
and  Earl  of  Haddington,  preferments 
of,  iii.  214,  215.  See  Hamilton  (Sir 
Thomas). 

Bishops,  Scottish,  and  clergy,  proceed- 
ings of,  in  ecclesiastical  affairs,  i.  84, 
85  ;  complaint  to  Rome  against  Car- 
dinal Guallo,  ib. ;  privileges  to  the, 
conferred  by  Pope  Honorius  III., 
i.  86. 

Bishops-Elect,  Scottish,  at  Rome,i.  91. 

Bishops,  Scottish,  lists  of,  i.  227-261. 

Bishops,  Scottish,  act  for  the  restitution 
of,  in  all  the  Dioceses,  iii.  176  ;  ex- 
planation of,  ib. 

consecration  of  three, in  the  Chapel 

of  London  House  in  1609,  iii.  209; 
speech  of  James  VI.  to,  ib. ;  objec- 
tions to  the  consecration  of,  without 
episcopal  ordination  discussed,  ib. 

regulations  for  the  election  of,  iii. 

211. 

position  and  duties  of,  in  the  Gen- 
eral Assemblies,  stated  by  James  VI . , 
iii.  241. 

address  of  James  VI.  to,  at  St  An- 
drews, iii.  245. 

Bishoprics,  Scottish,  internal  state  of 
the,  iii.  82. 

Blacater,  or  Blackadder,  Robert,  Bi- 
shop of  Glasgow,  first  Archbishop  of 
Glasgow,  i.  120. 

Black,  or  Blake,  David,  minister  at  St 


Andrews,  treasonable  sermons  of,  iii. 
1 3  ;  reviles  Queen  Elizabeth,  ib.  ; 
case  of,  iii.  IS,  16,  18,  19. 

Blackness  Castle,  sale  of,  ii.  1 75. 

Blanks,  the  Spanish,  account  of  the 
device  and  intention  of  the,  ii.  425, 426. 

Boece,  or  Boethins,  Hector,  first  Prin- 
cipal of  King's  (Jollege  and  Univer- 
sity, Aberdeen,  notice  of,  i.  135. 

Bocrnellus,  a  Scottish  Bishop,  favours 
marriage  of  the  clergy,  i.  54,  55. 

Bohemia,  the  war  in,  iii.  259. 

Bonifacius,  arrival  of,  in  Scotland,  i. 
37,  38. 

Borders,  fends  on  the,  ii.  198  ;  state  of 
the,  ii.  259. 

Borthwick,  Sir  John,  prosecution  of,  i. 
138  ;  charges  of  heresy  against,  i. 
138, 1.39  ;  flight  of,  i.  139  ;  condemna- 
tion of,  ib. 

Bothwell,  Adam,  Bishop  of  Orkney, 
marries  Queen  Mary  to  Bothwell,  ii. 
54  ;  deposition  of,  ii.  83;  history  of, 
note,  ii.  71-80  ;  reponed,  ii.  93. 

Bothwell,  James  Hepburn,  fourth  Earl 
of,  hatred  to  Lord  Darnley,  ii.  41  ; 
the  favourite  of  Queen  Mary,  ib.  ; 
plots  of,ii.  16;  accusations  of,  against 
the  house  of  Hamilton,  ib. ;  resolves 
to  murder  the  Earl  of  Moray,  ii.  17  ; 
impi'isoned  in  Edinburgh  Castle,  ii. 
18 ;  recalled  from  exile,  ii.  26  ;  again 
plots  to  murder  the  Earl  of  Moray, 
ib. ;  flight  to  France,  ib. ;  publicly 
accused  as  the  principal  murderer 
of  Lord  Darnley,  ii.  47,  48;  alleges 
that  the  Earls  of  Moray  and  Morton 
were  the  contrivers,  ii.  48 ;  im- 
peached by  the  Earl  of  Lennox,  ii. 
49  ;  imprisonment  of,  ib. ;  offers  him- 
self for  trial,  ib. ;  secures  Edinburgh 
Castle,  ib. ;  mock  trial  of,  ii.  49,  50  ; 
names  of  the  jury  on,ii.  50;  acquitted, 
ib.  ;  reasons  foi%  ib.  ;  popular  hatred 
to,  ii.  51  ;  gives  an  entertainment  to 
the  nobility,  ib.  ;  seizes  Queen  Mary, 
ib.  ;  conveys  her  to  Dunbar  Castle, 
ib. ;  divorced  from  his  Countess,  ii. 
52  ;  marriage  of,  to  the  Queen,  ii.  54; 
combination  against,  iii.  55  ;  pro- 
clamation against,  ii.  57,58 ;  flight  of, 
ii.  62  ;  retires  to  Orkney,  ii.  81  ;  pur- 
suit of,  ii.  82  ;  escape  of,  ib.  ;  impri- 
sonment and  death  of,  in  Denmark, 
ii.  1 38. 

Bothwell,  Francis  Stewart,  Earl  of, 
conduct  of,  ii.  333;  denounced  a  rebel, 
ii.  395  ;  imprisoned,  ii.  398  ;  escape 
of,  ii.  412 ;  forfeited  and  declared  a 
traitor,  ii.  412,  413;  plots  of,  ib. ;  at- 
tempts of,  against  James  VI.,  ii.  417- 
419  ;  retires  to  the  North,  ii.  419  ; 
invades  James  VI.  at  Falkland,  ii. 
421, 422  ;  adventures  of,  ii.  423,  424; 
surprises  the  King  in  Holyrood  Pa- 
lace, ii.  422,  423, 424,  425. 

Bowes,  Sir  William,  arrival  of,  as  am- 
bassador from  England,  at  Edin- 
burgh, iii.  79. 


296 


INDEX, 


Boyd ,  James,  titular  Archbishop  of  G  las- 
gow,  ii.  1 7'2  ;  death  of,  ii.  257. 

Brechin,  Bi:^llopric  of,  founded,  i.  G9. 

Bishops  of,  i.  ilJ,  -213,  •24-2--24'l. 

Brice,  Bishop  of  Moray,  i.  85. 

Brigida,  St,  commonly  called  St  Bride, 
sanctity  of,  i.  22  ;  born  in  Caithness, 
ib. ;  death  of,  ib. ;  interred  at  Aber- 
nethy,  ib. 

Brigida,  a  native  of  Sweden,  notice  of, 
i.  22. 

Britain,  Archbishop  of,  the  exclusive 
title  of,  claimed  by  Augustine,  i.  22. 

Britain,  introduction  of  the  Gospel  into, 
i.  2. 

Britons,  defeat  of  the,  by  the  Scots  and 
Picts,  i.  11. 

Britons  and  Saxons,  conflicts  of,  i.  26. 

Bruce,  King  Robert,  account  of,  i.  103- 
107  ;  death  of,  i.  107. 

Bruce,  Robert,  minister  at  Edinburgh, 
popularity  of,  ii.  379  ;  crowns  Queen 
Anne,  ii.  408;  conferences  of,  with 
James  VI.,  iii.  7,  8  ;  banished  from 
Scotland,  iii.  90;  pardoned,  iii.  103. 

Brudeus,  King  of  the  Picts,  i.  18,  19  ; 
killed,  i.  45. 

Buccleuch,Sir  Walter  Scott,  first  Lord 
Scott  of,  surprises  Carlisle  Castle,  iii. 
2,  3,  4  ;  imprisoned,  iii.  5.  See  Arm- 
strong, alias  Kinmont  Willie. 

Buckeridge,  Dr  John,  successively  Bi- 
shop of  Rochester  and  Ely,  preaches 
at  the  opening  of  the  Hampton  Court 
Conference,  iii.  177. 

Buchanan,  George,  opinions  of,  on  the 
episcopal  order  refuted,  i.  13;  impri- 
soned in  the  Castle  of  St  Andrews, 
i.  134  ;  escape  of,ib.;  appointed  joint 
preceptor  to  James  VL,  ii.  223;  death 
of,  ii.  299  ;  account  of,  i.  299,  300. 

Buchanan,  Thomas,  minister  of  Ceres 
in  Fife,  death  of,  iii.  77. 

Burleigh,  Sir  ^Michael  Balfour,  first 
Lord  Balfour  of,  ojiposes  a  grant  of 
money  to  James  VI.,  iii.  218;  dis- 
missed from  the  Privy  Council,  ib. ; 
challenges  Lord  Scone,  ib. ;  impri- 
soned in  Edinburgh  Castle,  ib. 

Caithness,  Bishopric  of,  founded,  i.  59. 

Bishops  of,  i.  21b-,  217,  218,  248, 

249. 

Earl  of,  ordered  to  suppress  a  re- 
bellion in  Orkney^  iii.  220 ;  lands  at 
Kirkwall,  and  besieges  the  Castle,  ib. 

Calderwood,  David,  banishment  of,  iii. 
247. 

Candida  Casa,  or  Galloway,  Bishops  of, 
i.  12  ;  origin  of  the  name  of,  ib. 

Canon,  Paschal,  noto  on  the,  i.  47-50. 

Carmelites,  fii-st  appearance  of,  in  Scot- 
land, i.  9)  ;  settle  at  Perth,  ib. 

Carnegy,  David,  of  CoUuthie,  death  of, 
iii.  77. 

Carthusian  monastery  at  Perth  founded, 
i.  113. 

Cathedrals,  Scottish,  enjoined  to  bo  re- 
paired by  the  Bishops,  iii.  210. 


Cary,  Sir  Robert,  address  of,  to  James 
VI.,  ii.  3(J3,  3(;4. 

Censures,  Church,  how  to  be  adminis- 
tered, iii.  210,  211. 

Chancellor  of  Scotland,  remarks  on  the 
oflSce  of,  in  early  times,  i.  82,  83. 

Charlemagne,  King  of  France,  alleged 
league  of,  with  Achaius,  King  of  Scot- 
land, i.  41. 

Charles  I.,  birth  of,  iii.  91  ;  proposed 
marriage  of,  to  the  Infanta  of  Spain, 
iii.2G5  ;  proceeds  to  Spain,  ib.  ;  mar- 
riage of,  frustrated,  iii.  26G,  2C7,  2G8  ; 
returns  to  England,  iii.  268. 

Charterhouse.  See  Carthusian  Monas- 
tery. 

Chatelherault,  Duko  of,  and  others,  re- 
tire to  England,  ii.  32  ;  interposition 
of  Queen  Elizabeth  in  favour  of,  ib.  ; 
opposes  the  government  of  the  Regent 
^loray,  ii.  107-112  ;  imprisoned,  ii. 
112  ;  released,  123  ;  death  of,  ii.  199. 

Chattan,  Clan,  or  Macintosh,  support 
Queen  Mary  on  her  arrival  at  Inver- 
ness, ii.  21. 

Chilianus,  travels  of,  i.  36. 

Chi-istianity,  introduction  of,  into  Scot- 
laud,  i.  2. 

earlv  preachers  of,  in  Scotland,  i. 

8,  11,  12,  14,15,16,17. 

Christmas  Day,  Festival  of,  ordered  by 
James  VI.  to  be  observed  in  Scot- 
land, iii.  248,  249,  257. 

Church,  General  Assembly  of  the,  peti- 
tions of  the,  against  Popery,  ii.  28, 29. 

General  Assembly,  replies  of,  to 

Queen  Mary,  ii.  33,  34. 

General  Assembly  of  the,  indigna- 
tion of,  ii.  43,  44. 

Assembly,  letter  of,  to  the  Church 

of  England,  ii.  44,  45,  46. 

Assembly,  articles  ratified  by  the, 

ii.  65,  66,  67. 

new  arrangements  of  the,  ii.  167, 

168, 171,  172. 

policy  of  the,  ii.  233-256;  presented 

to  the  Parliament,  ii.  256. 

General  Assembly,  quarrel  of,  with 

the  Court  of  Session,  ii.  413,  414. 

questions  proposed  for  the  regula- 
tion of  the,  iii.  41-45. 

orders  for  the  internal  government 

and  discipline  of,  iii.  210,  211,  212. 

protestation  to  James  VI.  against 

alterations  in  the  service  of,  iii.  242, 
243,  244. 

Church  rents,  divisions  of,  ii.  15. 

Churches,  parish,  plundered  and  de- 
faced, i.  372. 

Civil  war,  cruelties  practised  in  the,  ii. 
174,175. 

Clement,  Bishop  of  Dunblane,  i.  87. 

Clergy,  celibacy  of  the,  controversy  on, 
i.  54,  55. 

Cockburn,  Patrick,  notice  of,  i.  192. 

Coldinghani Abbey  constituted aPriory, 
i.  65. 

Colman,  disputation  of,  on  tho  obser- 
vance of  Easter,  i.  29-34. 


INDEX. 


297 


Columba,  St,  notice  of,  i.  14, 

return  of,  to  Scotland  from  Ireland, 

i.  17. 

companions  of,  i.  17. 

crowns  Aidanus,  King  of  Scotland, 

i.  18. 

retires  to  lona,  i.  18. 

piety  of,  i.  19. 

death  of,  ib. 

burial-place  of,  ib. 

Commission, lli^h Court  of, in  Scotland, 
forecclosiastical  causes, instituted,  iii. 
210  ;  objects  and  regulations  of,  iii. 
210,  211, 212  ;  number  of  members  of, 
iii.  212  ;  mode  of  proceedings  of,  iii. 
212,  213  ;  privileges  and  duties  of  the 
members  of,  ib.  ;  proclamation  of,  ib.; 
uupopularity  of,  ib. 

Confession  of  Faith,  ratification  of,  in 
Parliament,  ii.  83. 

Confirmation,  rite  of,  enjoined  to  be  ob- 
served, iii.  256. 

Congallus  II.  King  of  Scotland,  account 
of,i.  16,17. 

Congregation,  the  Scottish  Reformers 
so  styled  themselves,  i.  267. 

resolutions  of  the,i.  274  ;  proceed- 
ings of,  i.  277,  278. 

Lords  of,  articles  accepted  by  the, 

i.  285,  286. 

Constance,  Council  of,  decision  of  the, 
i.  111. 

Constantine  II.,  convention  held  at 
Scone  by,  i.  52. 

Convallanus  of  lona,  account  of,  i.  21. 

pupils  of,  i.  21,  22. 

Convallus  of  Inchinnan,  predictions  of, 
i.  21. 

Coronation  of  Anne  of  Denmark  op- 
posed as  a  Jewish  ceremony,  ii.  407 ; 
performed  at  Holyrood,  ib. 

Council,  general,  of  ail  Bishops  of  Chris- 
tendom summoned  by  Gregory  IX., 
i.  88. 

Council,  Scottish  Privy,  rules  to  be  ob- 
served by  the,  iii.  212,  213. 

Couper,  John,  minister  of  Edinburgh, 
insolence  of,  ii.  356. 

Couper,  William,  Bishop  of  Galloway, 
and  Dean  of  the  Chapel  -  Royal, 
preaches  the  funeral  sermon  on  the 
death  of  Archbishop  Gladstaues  in 
the  parish  church  of  St  Andrews,  iii. 
227;  opposes  the  intended  ornaments 
in  the  Chapel-Royal  of  Holyrood  at 
Edinburgh,  iii.  239;  reproved  by  the 
King,  ib. ;  preaches  before  James  VI. 
at  Dumfries,  iii.  248;  death  and  char- 
acter of,  iii.  258. 

Crab,  Gilbert,  notice  of,i.  135,  13G. 

Craig,  John,  one  of  the  ministers  of 
Edinburgh,  refuses  to  proclaim  the 
bans  of  marriage  between  Queen 
Mary  and  the  Earl  of  Bothwell,  ii. 
52,  53,  54. 

compiles  a  Confession  of  Faith  by 

order  of  James  VI.,  ii.  2G8. 

death  and  cliaracter  of,  iii.  91,  92; 

life  of,  iii.  92-94 


Craigmillar  Castle,  proceedings  at, 
against  Darnley,  called  the  "  Confer- 
ence of  Craigmillar,"  ii.  41. 

Cranstoun,  Sir  William, deprived  of  the 
command  of  the  Border  troops,  iii. 
214 ;  created  a  peer  by  the  title  of 
Lord  Cranstoun,  ib. 

Cratilinth,  King  of  Scotland,  i.  4,  5,  7. 

Craw,  Paul,  burnt  for  heresy  at  St  An- 
drews, i.  112. 

Crossraguel,  Abbot  of.  See  Kennedy 
(Quintin). 

Crusades,  notices  of  the,  i.  80,  81. 

Culdees,  account  of,  i.  6. 

extinction  of  the,  i.  101. 

Cumin,  or  Comyn,  family  of,  influence 
of,  i.  84. 

Cupar-Fife,hostile  meeting  of  the  Lords 
of  the  Congregation  against  the 
Queen  Regent  near,  i.  277. 

Dalgliesh,  Nicol,  minister  at  St  Cuth- 

bert's,  imprisoned,  ii.  321. 
Daruley,  Lord,  arrival  of,  ii.  25;  notice 

of,  ii.  25. 
meets  Queen  Mary  at  Wemyss 

Castle,  ii.  25. 

rumoured  marriage  of,  to  Queen 

Mary,  ii.  26. 

created  Duke  of  Rothesay,  ii.  27  ; 

marriage  of,  to  Queen  Mary,  ii.  31  ; 
proclaimed  king,  ib. ;  resorts  to  the 
preaching  of  John  Knox,  ib. 

quarrels  of,  with  Queen  Mary,  ii, 

35  ;  contemptuous  treatment  of,  by 
Queen  Mary,  ii.  40,  41,  42,  43. 

illness  of,  ii.  43  ;  removed  to  Glas- 
gow, ib.;  supposed  to  be  the  efiects  of 
poison,  ib. 

removal  of,  from  Glasgow  to  Edin- 
burgh, ii.  47  ;  murdered,  ib. ;  perpe- 
trators, ii.  48. 

D'Aubigny,  Lord,  arrival  of,  ii.  266  ; 
created  Earl  of  Lennox,  ib. ;  Esme 
Stuart.    See  Lennox  (Duke  of). 

David  I.  King  of  Scotland,  munificence 
of,  i.  69,  70,  71  ;  defence  of,  i.  70. 

David,  a  presbyter,  notice  of,  i.  71,  72. 

Davidson,  John,  opposes  coronations, 
ii.  407. 

extraordinary  letter    of,  to  tho 

General  Assembly,  iii.  97,  98. 

Deans  of  Chapters,  Scottish,  duties  of, 
iii.  211. 

Denmark,  embassy  to,  against  Both- 
well,  ii.  138. 

Dinmure,  Sir  John,  Knight,  excommu- 
nication of,  i.  90. 

Dioceses,  Scottish,  regulations  for  the 
government  of,  iii.  210. 

Discipline,orChurchfolicy,  First  Book 
of,  i.  331-371,  framed  by  John  Knox, 
i.  371  ;  ratified,  i.  373. 

Donald  I.  King  of  Scotland,  conversion 
of,  i.  2,  4. 

dissolute  government  of,  i.  52. 

Donald  IV.  King  of  Scotland,  i.  27. 

Donaldbane,  flight  of,  i.  57. 

Dordrecht,  or  Dort,  Synod  of,  iii.  258. 


298 


INDEX. 


Doughty,  Thomas,  impostures  of,i.  137, 
138-  " 

Douglas,  Archibald,  Provost  of  Edin- 
burgh, imprisoned,  ii.  1-1. 

Douglas,  Archibald,  executed,  ii.  314. 

Douglas,  Archibald,  one  of  Darnley's 
murderers,  acquitted,  ii.  343. 

Douglas,  Gavin,  Bishop  of  Dunkeld, 
notice  of,  i.  122. 

Douglas,  James,  of  Torthorwald,  kills 
Captain  Stewart,  iii.  40. 

Douglas,  John,  Carmelite  Friar,  be- 
comes a  reformed  preacher,  i.  liJG, 
264  ;  appointed  by  the  influence  of  the 
Regent  Morton  titular  Archbishop  of 
St  Andrews,  ii.  172  ;  death  of,  ii.  2(12. 

D'Uysell,  Jlonsieur,  sent  to  England,  ii. 
2;  interview  with  Queen  Elizabeth, 
ii.  2. 

Druids,  account  of  the,  i.  4,  5. 

Dunbar,  George  Home,  Earl  of,  rebukes 
certain  of  the  disaffected  Presbyterian 
ministers  in  Perth,  iii.  \76 ;  threat- 
ened at  Edinburgh  by  the  burgesses, 
iii.  1 7.5  ;  resolves  to  adjourn  the  Par- 
liament to  Perth,  ib. ;  death  and 
character  of,  iii.  214. 

Dunbarton  Castle,  extraordinary  seiz- 
ure of,  ii.  15.5. 

Dunblane,  Bishopric  of,  founded,  i.  G9. 

Bishops  of,  i.  21.%  214,  215,  244-0. 

Duncan  I.  King  of  Scotland,  murdered, 
i.57. 

Dunfermline  Abbey  church  built,  i.  GO. 

Dunfermline,  Alexander  Seton,  first 
Earl  of,  death  of,  iii.  2G3. 

Dunkeld,  Bishopric  of,  founded,  i.  69. 

Bishops  of,  i.  193-199,  231-234. 

Duns  Scotus,  Joannes,  account  of,  i. 
107,  108,  109. 

Dunstan,  Archbishop,  remarkable  es- 
cape of,  i.  55. 

Durham  Cathedral,  foundation  of,  i.CO. 

Durie,  John,  imprisoned  for  sedition,  i. 
273  ;  banished  from  Edinburgh,  and 
confined  to  the  town  of  Montrose,  ii. 
315  ;  death  and  character  of,  iii.  82, 
83. 

Eadmcnis,  monk  of  Canterbury,  Bishop 
of  St  Andrews,  i.  CG,  G7. 

account  of,  ib. 

Easter.    See  Canon,  Paschal. 

Easter,  early  observance  of,  in  Scot- 
land, i.  3,  22,  23,  24,  25, 29. 

controversy  on  the  observance  of, 

i.  29-34. 

Festival  of,  enjoined  by  royal  au- 
thority to  be  observed  in  the  Scot- 
tish Church,  iii.  257. 

Echadius,  or  Ethodius,  brother  of  King 
Eugenius,  flight  of,  i.  9. 

Edelfrid,King  of  Northumberland,  mur- 
ders twelve  hundred  monks,  i.  23. 

Edgar,  King  of  Scotland,  coronation  of, 
i.  G5. 

munificence  of,  ib. 

Edinburgh,  riot  at,  i.  2C5,  2G6. 

proceedings  at  the  election  of  the 


Magistrates,  ii.  14  ;  Provost  of,  impri- 
soned and  deposed,  ib. 

Edinburgh  Town  Council,  enactnients 
of,  against  Popery,  ii.  14. 

Castle  resigned  to  Bothwell,  ii.  4.'). 

town  of,  occupied  by  the  confeder- 
ated Nobility,  ii.  57. 

Castle,  siege  of,  ii.  192  ;  surren- 
dered, ii.  193. 

riot  at,  iii.  32. 

deplorable  condition  of,  iii.  57. 

four  additional  ministers  appoint- 
ed to,  iii.  259. 

conduct  of  some  citizens  of,  against 

the  Established  Church  in,  iii.  268, 
269. 

Edward,  Bishop  of  Aberdeen,  i.  72. 

Edward  1.  of  England,  negotiations 
with,  i.  .95,  96. 

Edward  VI.,  death  of,  i.  182. 

Eglinton,  Hugh  Montgomery,  fourth 
Earl  of,  killed  by  certain  Cunning- 
hams,ii.  345;  revenged  by  his  brother 
Robert,  ii.  346. 

Eglinton, Hugh  Montgomery,fifth  Earl 
of,  death  of  without  issue,  iii.  217  ;  his 
disposal  of  his  honours  and  estates  to 
Sir  Alexander  Seton,  his  cousin,  ib. 

Elders,  Lay,  ofiice  of  in  parishes  un- 
scriptural  and  unecclesiastical,  iii. 
211. 

Elizabeth,  Queen,  proceedings  of,  ii.  2  ; 
attempts  to  intercept  Queen  Mary, 
ii.  C ;  audiences  with,  on  Queen 
Mary's  affairs,  ii.  351,  352,  353 ; 
reasons  assigned  by,  for  condemning 
Queen  Marv,  ii.  352,  353  ;  letters  of, 
to  James  V"l.,  ii.  362,  363  ;  friendly 
letter  of,  to  James  VI.,  iii.  38,  39  ; 
last  illness  and  death  of,  iii.  1 10. 

Elizabeth,  Princess,  daughter  of  James 
VI.,  birth  of,  iii.  9 ;  baptism  of,  iii. 
19 ;  marriage  of,  iii.  218,  219. 

Elphinestone,  James,  afterwards  Lord 
iSalmerino,  appointed  collector  of  the 
revenues,  ii.  469.  See  Balmerino 
(Lord). 

Elphinestone,  William,  Bishop  of  Aber- 
deen, account  of,  i.  20G,  207,208, 209 ; 
founder  of  King's  College,  Aberdeen, 
i.  207. 

England,  affairs  of  in  IGOl,  iii.  94,  95  ; 
league  with,  ii.  346, 347, 348  ;  Church 
of,  opposition  to  the,  iii.  241-245. 

Englisli,  ravages  of  the,  on  the  Scottish 
Borders,  ii.  1"8. 

Episcopacy,  opposition  to  the  establish- 
ment of,  iii.  1 62  ;  arguments  for,  iii. 
177  ;  discussions  on,  iii.  241-245. 

Erthus,  i.  9. 

Erskine,  John, of  Dun,  notice  of,  i.  131  ; 
deathof,  ii.  412. 

ErroU,  Francis  Hay,  eighth  Earl  of, 
absolved,  iii.  C2. 

submission  of,  iii.  208. 

Ethelbcrt,  King  of  the  English  Saxons, 
conversion  of,  i.  22. 

Ethelfrid,  King  of  Northumberland, 
killed,  I.  26. 


INDEX. 


299 


Ethclfrid,  conversion  of  the  children 
of,  jn  Scotland,  i.  2G. 

Ethodius,  King  of  Scotland,  i.  4. 

Eucharist,  or  Sacrament  of  the  Lord's 
Supper,  ordered  to  be  received  in  a 
kneeling  attitude,  iii.  255  ;  private 
administration  of,  to  the  sick  and  in- 
firm in  their  houses,  allowed,  iii.  255. 

Eugenius  III., Pope,  act  of,  repealed  by 
Malcolm  III.,  i.  59. 

Eugenius,King  of  the  Picts,  killed,  i.  7. 

Eugenius,  King  of  Scotland,  i.  11. 

Eugenius  IV.  King  of  Scotland,  i.  26. 

Excommunication,  letter  of  James  VI. 
to  the  Scottish  bishops  and  clergy  on 
the  censure  of,  pronounced  against 
fugitives  for  capital  crimes,  iii.  215, 
21G  ;  discussions  of  the  bishops  and 
clergy  on  the  King's  letter  in  refer- 
ence to,  iii.  216,  217. 

Exchequer,  Scottish,  affairs  of  the,  ii. 
466-469. 

Faith,  the  "  Tvropeuny,"  origin  of  the 
designation,  i.  182. 

Ferguson,  David,  minister  of  Dunferm- 
line, death  of,  iii.  77. 

Feredith,  Kiu^  of  the  Picts,  sacrilege 
of,  at  St  Andrews,  i.  43  ;  killed,  45. 

Fergus,  King  of  Scotland,  victories  of, 
i.  9, 10,  11. 

Fiacre,  Prince,  story  of,  i.  39,  40, 41. 

Fife,  Synod  of,  opposition  of,  iii.  189  ; 
denounced,  ib. 

Fiuanus,  Bishop,  labours  of,  in  North- 
umberland, i.  28,  29. 

opposed  byRoraanug,orConanus,ib. 

death  of,  i.  29. 

Fincomarchus,  King  of  Scotland,  i.  7. 

Fleance,  escape  of,  i.  58. 

Fogo,  John,  monk  of  Melrose,  speech 
of,  against  Benedict  XIII.,  i.  111. 

Forbes,  William,  minister  at  Aberdeen, 
afterwards  first  Bishop  of  Edinburgh, 
api)ointed  one  of  the  ministers  of 
Edinburgh,  iii.  259. 

Forfar,  meeting  of  the  Estates  at,  i.  59. 

Forman,  Andrew,  Bishop  of  Moray, 
elected  Archbishop  of  St  Andrews,  i. 
123;  death  of,  ib. 

Forrest,  Henry,  notice  of,  i.  129  ;  burnt, 
i.  130. 

Forrester,  David,  murder  of,  ii.  4G5. 

Fothadus,  Bishop  of  St  Andrews,).  5G. 

Francis  II.  of  France,  letter  of,  to  Lord 
James  Stuart,  i.  288. 

France,  ambassadors  from,  insulted  by 
the  Presbj'terian  ministers, ii.  297, 298. 

Eraser,  William,  elected  Bishop  of  St 
Andrews,  i.  94  ;  consecrated  at  Rome 
bv  Pope  Nicolas  III.,  ib. ;  death 
of,  i.  100,  101. 

Frederick  II.  imprisons  the  Bishops  of 
St  Andrews  and  Glasgow  in  Ger- 
many, i.  88. 

French,  military  proceedings  of  the,  in 
Scotland,  i.  176,  177. 

Galfrid,  Bishop  of  Dunkeld,  i.  87. 


Galloway,  Diocese  of,  limits,  i.  5.0. 

Bishops  of,  i.  224,  225,  256-258. 

Galloway,  Patrick,  three  petitions  of, 

to  James  VI.,  ii.  409,  410  ;  speech  of, 

to  James  VI.,  iii.  104. 
Gameline  elected  Bishop  of  St  Andrews, 

i.  89  ;  troubles  during  the  episcopate 

of,  ib. ;  death  of,  i.  91. 
Germany,  princes  of,  ambassadors  to 

the,  iii.  75,  76 ;  opinions  of,  on  the 

claims  of  James  VI.  to  the  English 

crown,  ib. 
Gilbert,  Bishop  of  Caithness,  i.  87. 
Gladstanes,  George,  minister  at  Arbir- 

lot,  removed  to  St  Andrews,  iii.  64  ; 

appointed  Bishop   of  Caithness,  iii. 

82  ;    Archbishop  of  St  Andrews  in 

1606,  iii.  177;  death  and  character 

of,  iii.  227. 
Glammis,   John  Lyon,  eighth    Lord, 

Chancellor,  killed,  ii.  221. 
Glasgow,  Diocese  of,  limits,  i.  59. 

Bishops  and  Archbishops  of,   i. 

219-224,251-256. 

Archbishopric  of,  constituted,  i. 

120. 

Cathedral  of,  saved  by  the  Incor- 
porated Trades,  ii.  259. 

General    Assembly  at,  iii.   205 ; 

proceedings  of,  iii.  206,  207,  208. 

Glencairn,  Alexander  Cunningham, 
fifth  Earl  of,  demolishes  the  orna- 
ments in  Holyrood  Chapel,  ii.  62  ; 
commended  by  the  Reformed  preach- 
ers, ii.  62  ;  denounced  by  the  Queen's 
party,  ib. 

Glencairn,  James,  seventh  Earl  of,  en- 
counters Lord  Seton  at  Perth,  iii. 
175. 

Glenlivat,  battle  of,  ii.  458,  459,  460. 

Godricus,  Bishop  of  St  Andrews,!.  65. 

Good  Friday,  or  Passion-Day,  enjoined 
to  be  observed,  iii.  257. 

Gordon,  Alexander,  keeper  of  Inver- 
ness Castle,  executed,  ii.  21. 

Gordon,  Sir  John,  imprisonment  of,  ii. 
18  ;  executed,  ii.  23. 

Gordon,  John,  a  Jesuit,  drowns  himself 
at  Ailsa  Craig,  iii.  61. 

Gourlay,  Norman,  burnt,  i.  131. 

Gowrie,  William  llutlivcn, first  Earl  of, 
treasonable  conduct  of,  ii.  308  ;  im- 
prisonment of,  ii.  309  ;  disclosures  of, 
ii.  310,  311;  petition  to  James  VI., 
ii.  311, 312  ;  trial  of,  ii.  311,  312, 313  ; 
conviction  and  execution  of,  ii.  313  ; 
penitence  of,  ii.  314. 

Gowrie,  John  Ruthven,  third  Earl  of, 
iii.  84-88. 

Gowrie  Conspiracy,  iii.  84-88 ;  disbe- 
lieved by  the  ministers  of  Edinburgh, 
iii.  89,  90  ;  sermon  on,  by  Patrick 
Galloway  at  the  cross  of  Edinburgh, 
ib. 

Grieme,  Regent  of  Scotland,  i.  11. 

Graham,  John,  Lord  Hallyards,  con- 
duct of,  ii.  413,  414  ;  killed,  ii.  421. 

Graham,  Patrick,  Bishop  of  Brechin,  i. 
1 15  ;  elected  bishop  of  St  Andrews, 


300 


INDEX. 


ib.;  account  of,  ib.;  constituted  Arch- 
bishop of  St  Andrews,  i.  116  ;  iia-  , 
prisonment  of,  i.  118 ;